The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In an election of the head of a local government, the status of a public official shall be maintained even when the head of the local government stands in office.

However, in the case of public officials, in principle, election campaigns are prohibited in accordance with Article 60 (1) 4 of the Public Official Election Act, and exceptionally, election campaigns for others can be carried out in accordance with Articles 60-3 through 82-7 of the Public Official Election Act for their own election as a candidate, and election campaigns for others cannot be

Therefore, in a case where a candidate who is a public official conducts an election campaign for others, not only violated Article 255(1)12 of the Public Official Election Act on the prohibition of election campaign for other candidates, but also violated Article 60(1)4 of the Public Official Election Act on the prohibition of election campaign for other candidates, the lower court determined that the lower court acquitted him of this part of the facts charged by misapprehending the legal doctrine.

The sentencing of the lower court on the basis of an unreasonable sentencing (700,000 won of fine) is too uneasible and unfair.

Judgment

The gist of the prosecutor's appeal as to the assertion of misapprehension of the legal principles is that the defendant is holding a candidate and a public official status at the time, and thus, if the defendant conducts an election campaign that is not allowed to the candidate as stated in the judgment, the crime of violation of the Public Official Election Act (violation of Article 255 (1) 12 of the Public Official Election Act) due to the election campaign of public officials is also established in addition to the crime of violation of the Public Official Election Act

However, in full view of the following circumstances, when the Defendant and the head of the same local government carried out an election campaign while maintaining his status as a candidate by running for the election of the head of the relevant local government, the act of the election campaign provides for the method and scope of individual election campaign.