In a case where the head of the Gu was prosecuted for violating the Public Official Election Act by making text messages to request support from other candidates Gap while serving as the head of the Gu, and sending them to them, the case affirming the judgment below holding that in a case where the head of the local government violates the Public Official Election Act provisions governing the method and scope of individual election campaign while carrying out an election campaign while the head of the local government is in a position of election for the head of the local government and maintaining his status as a candidate, the crime of violation of the Public Official Election Act under Article 60 (1) 4 of the Public Official Election Act which generally prohibits public officials from election campaign in addition to the violation of the Public Official Election Act which generally prohibits public officials from election campaign,

Article 60(1)4, Article 88, Article 255(1)2, and Article 12 of the Public Official Election Act

Defendant

Prosecutor

Seoul High Court Decision 2015No1623 decided August 28, 2015

The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that, in cases where the head of a local government violates the provisions of the Public Official Election Act that stipulate the methods and scope of individual election campaigns while running for the election campaign while maintaining the status as a candidate for the election of the head of the relevant local government, the crime of violating the Public Official Election Act due to the violation of Article 60 (1) 4 of the Public Official Election Act, which generally prohibits public officials from election campaign, is not established separately in addition to the violation of the Public Official Election Act due to the violation of the pertinent provision. Examining the reasoning of the lower judgment in light of relevant legal principles and records, the lower

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief concerning the guilty portion.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ansan-chul (Presiding Justice)