The appeal is dismissed.

The grounds of appeal are examined.

1. "Act of participating in the planning of an election campaign or in the implementation of such planning" as one of the prohibited acts against a public official under Article 86 (1) 2 of the Public Official Election Act refers to an act of participating in the planning of an election campaign or in the formulation of an election campaign in order to make it elected or not to be elected, and it shall be interpreted that it refers to an act of participating in the formulation of all plans for the efficient implementation of an election campaign or in the direct implementation of or guidance for the implementation thereof, and it shall not be deemed that only means an act of participating in the planning thereof for the purpose of carrying out an election campaign in consideration of specific election campaign (see Supreme Court Decision 2007Do4069, Oct. 25, 2007, etc.). However, a public official "participation" in the planning of an election campaign

In order to do so, it should be proved that the candidate directly or indirectly participated in the formulation of the candidate's election campaign plan by presenting such plans, and only the public official has participated in the formulation of any plan to efficiently carry out the election campaign solely on the basis that he/she expressed his/her opinion on the election campaign

It cannot be readily concluded (see Supreme Court Decision 2010Do12244, Nov. 28, 2013). 2. The lower court: (1) The Defendant participated in the planning of an election campaign by H, a candidate for D superintendent of education;

In order to be recognized, the defendant should be proved to the extent that there is no reasonable doubt that the defendant consulted on the planning of the election campaign in contact with H in any way, and on the premise that (2) as stated in its reasoning, there is no evidence to acknowledge that the facts of the facts charged in the instant case include that "the defendant was instructed from a person who is in the name of the defendant to prepare for his visit to the J elementary school and L elementary school," and that the defendant is not the director general of the Office of Education of the D Office of Education.