The judgment below

Among the parts on Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E, all of which are reversed.

The grounds of appeal are examined.

1. The judgment on the grounds for appeal on the violation of the Public Official Election Act due to the establishment of similar agencies by Defendant B, Defendant C, and Defendant D, and on the violation of the Public Official Election Act due to prior election campaigns by Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E

A. (1) The lower court applied Article 255(1)13 and the main text of Article 89(1) 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 with respect to the violation of the Public Official Election Act due to the establishment of similar agencies in Defendant B, Defendant C, and Defendant D, applying 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 by Defendants A, B, Defendant C, Defendant D, and Defendant E.

(2) Article 59 of the Public Official Election Act provides that “The election campaign may be carried out only to the extent that it is prior to the election day,” while Article 254(2) provides that a person who conducts an election campaign in a manner other than that prescribed by the Act shall be punished prior to the election campaign period.

In addition, Article 61 of the Election of Public Officials Act strictly regulates the persons establishing election campaign offices and election campaign liaison offices and election campaign organization, and the number and place of the establishment thereof. On the other hand, the main sentence of Article 89(1) of the same Act prohibits anyone from establishing or using any similar institution on behalf of a candidate or a person who intends to be a candidate, other than the election campaign office under Article 61, regardless of its name. Article 255(1)13 of the same Act provides that anyone who commits the violation shall be punished.

If any institution, organization, or facility violates the prohibition of the establishment of a similar institution, it should be the act or function similar to the legitimate election campaign office.