The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Before determining the grounds of appeal, we examine it ex officio.

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant, in collusion with J, K, and F, set up a “R Forum” (hereinafter “instant forum”) which is a similar institution for the purpose of having J to win the G market at the national provincial elections conducted on June 4, 2014, in collusion with J, K, F, S, and V, and carried out an election campaign for the election of the J market prior to the election campaign period.

2. The lower court: (a) applied Articles 255(1)13 and 89(1) main text of the former Public Official Election Act (amended by Act No. 12267, Jan. 17, 2014; hereinafter “Public Official Election Act”) and Article 30 of the Criminal Act to the violation of the Public Official Election Act due to the establishment of a similar institution; and (b) applied Article 254(2) of the Public Official Election Act and Article 30 of the Criminal Act to the violation of the Public Official Election Act due to prior election.

3. However, the judgment of the court below cannot be accepted for the following reasons.

(1) In order to punish a person pursuant to Article 255(1)13, the main text of Article 89(1) and Article 254(2) of the Public Official Election Act, the purpose of “election campaign” should be either “election campaign” or the pertinent act itself be recognized as an “election campaign”.

(2) The meaning and scope of election campaigns prohibited under the Public Official Election Act should be determined according to the following specific standards:

(1) The term “election campaign” means an act objectively recognized by the intent to promote the election or defeat of a specific candidate in a specific election, not an internal intent of the principal agent who conducts the relevant act, but an objectively determined whether it constitutes such an act ought to be determined based on the objective of the act indicated outside, not an internal intent of the principal agent who conducts the relevant act.

② The above intent is not only the express method of expressing the intention to close to a specific election but also the objective situation at the time.