All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not constitute “a person who wishes to become a candidate” as provided by Article 113(1) of the Public Official Election Act at the time of the instant case, the lower court erred by misapprehending the legal doctrine of the Public Official Election Act, thereby determining the Defendant as a candidate and finding the Defendant guilty of the facts charged in the instant case.

B. The lower court’s sentence (a fine of KRW 800,00) is too unfilled and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of misapprehension of the legal doctrine, “a person who intends to become a candidate” as provided in Article 113 of the Public Official Election Act includes not only persons who are scheduled to participate in an election but also persons who have objectively been aware that the candidate had an intention to run for an election in light of his/her status, such as filing an application for misunderstanding with a political party or punishing an activity to obtain a candidate from a general elector, etc., but also persons who have objectively expressed externally the intention to run

(2) On November 14, 2013, Supreme Court Decisions 2013Do2190, Supreme Court Decision 2008Do10365, Jan. 15, 2009, etc.). Based on these legal principles, the Defendant returned to the instant case, and examined the evidence legitimately admitted and examined by the lower court. In other words, the following circumstances as revealed by the lower court: (a) the Defendant was going to the former elector as a candidate for a non-military council member (C constituency) in the 5th nationwide local election; (b) the Defendant, in an investigation agency, tried to resign from the post on the premise that he had a new head of Q village but could go to the military candidate; and (c) the Defendant, upon questioning the Jeju Non-Election Election Commission on February 15, 2014, tried to resign from the post on the premise that he/she could go to the new head of the post on the ground that he/she had been present at the Jeju-Pacific local election commission; and (d) the Defendant’s spouse suspended his/her resignation on January 1, 201.