The judgment below

The conviction part against Defendant F is reversed, and this part of the case is remanded to the Gwangju High Court.

The grounds of appeal are examined.

1. As to Defendant F’s ground of appeal

A. In full view of the relevant legal principles and Articles 58(1) main text and 2, 57-2(1) and the main text of Article 57-3(1) of the Public Official Election Act (hereinafter “Act”), “election campaign” refers to an act for election or defeat in an election for public office, and the competition campaign for election or defeat in an intra-party competition to elect a candidate recommended to participate in an election for public office is distinguishable from the above “election campaign”. However, only in exceptional cases where an act for election or defeat in an intra-party competition can be deemed to be an act for election or defeat in an election for public office, the competition campaign may be deemed to be an election campaign to the extent of such exceptional circumstances.

Furthermore, Article 57-3(1) of the Act provides that “No competition campaign shall be conducted by any means other than those falling under any of the following subparagraphs in the intra-party competition where a political party grants voting rights to any party member and any person who is not a party member, shall not be conducted by giving voting rights to the party member and any person other than a party member.” Considering that a competition campaign is limited to not only party member in the intra-party competition but also general voters who are not a party member eligible to be registered as a competition group in the process of the intra-party competition, the mere fact that such act includes an intention to promote an election or defeat in the election of a public official in an election for the intra-party competition, thereby readily concluding that such act constitutes an “election” (see, e.g., Supreme Court Decision 2012Do12172, May 9, 2013). In addition, Article 89(1) of the former Public Official Election Act (amended by Act No. 11485, Oct. 2, 2012>