The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) some of the election campaign workers G in the election campaign team members of G engaged in tension; and (b) part of the election campaign workers of G engaged in franchis; (c) however, it is difficult to distinguish the reflects suffered by Defendant B and C from the election campaign workers; and (d) the clothes suffered by the above Defendants fall under the clothes that the election campaign workers suffered as a whole and the clothes that are identical in shape and color.

Nevertheless, the lower court rendered a not guilty verdict on the Defendants on the grounds that the meaning of the clothes “the same shape and color as that of all” under Article 62(2) of the Public Official Election Act is interpreted as the clothes “wholly identical to that of all,” and that the clothes suffered by G election campaignmen and the clothes and shapes suffered by the said Defendants are different.

Therefore, the judgment of the court below has affected the conclusion of the judgment due to misconception of facts and misapprehension of legal principles.

2. Determination

A. Defendant D’s summary of the facts charged is a general manager in charge of managing election campaign workers and volunteers at the Ga election campaign office that moved out to the FF candidate in the 6th nationwide local election that was implemented on June 4, 2014. Defendant A is the above G election campaign workers, Defendant B, and Defendant C are election campaign volunteers of the above G.

Except in cases where a candidate, his/her spouse, election campaign manager, chief of the election campaign liaison office, election campaign worker, assistant accompanying a candidate, or accountant in charge wears shoulder belts carrying the photograph, name, mark, the name of a political party to which a candidate belongs, and other matters necessary for public relations during the period of the election campaign, or jackets, labels, flag, signal flag and other props, or carry them or carry them with them, and conducts an election campaign within the size or amount determined by Regulations of the National Election Commission, he/she shall use shoulder belts, hats, clothes, labels, caps, props, and other display materials of the same shape and color as the shape and color during the period of the election campaign.