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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal on the violation of the Public Official Election Act due to the violation of the prohibition of contribution acts by candidates, etc. related to the establishment of commemorative expenses
A. Article 113 of the Public Official Election Act prohibits the head of a local government, regardless of whether it relates to the election in question, by stipulating that the head of a local government, etc. is prohibited from making any contribution act, and Article 112(1) comprehensively provides for the type of contribution act subject to punishment, and, under Article 112(2) of the same Act, the case where an act related to the ordinary act of a political party, courtesy, relief and charity, or act on duty
In light of the provisions of the Public Official Election Act, if the act of offering money and valuables falling under Article 112 (1) is permitted as a formal act or an official act by the National Election Commission Regulations and its decision based on Article 112 (2), Article 257 (1) 1 of the Public Official Election Act is not applicable to the act of offering money and valuables.
(See Supreme Court Decision 2009Do9925 Decided December 10, 2009). In addition, in order to fall under the act of offering money or goods under the "Acts and subordinate statutes" or the "Ordinance of a Local Government" listed as one of the acts on official duties of State agencies or local governments under Article 112(2)4 (a) or (b) of the Public Official Election Act, it is insufficient to simply have spent the budget according to the purpose and procedure of compiling the budget according to the self-project plan, and it should be directly supported by statutes or municipal ordinances that exist separately from the "self-project plan and budget" related to
(See Supreme Court Decision 2007Do7205 Decided November 16, 2007). B.
The lower court: (a) The first elementary school is a modern educational institution established by the high class, and is within H group.