Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the guilty part of the judgment below) based on the prior election campaign ("election campaign" under Article 58 (1) of the Public Official Election Act) is limited to the scope of freedom of learning (Article 22 (1) of the Constitution of the Republic of Korea) guaranteed under the Constitution, and the defendant's act of taking lectures by copying and distributing each newspaper article on the date and time indicated in each crime as stated in the judgment of the court below as a part-time lecturer at a university ("I"), and explaining related contents, and explaining the contents thereof (hereinafter "each of the instant teaching activities") constitutes an election campaign under the main sentence of Article 58 (1) of the Public Official Election Act (Article 58 (1) of the Public Official Election Act), and it cannot be deemed that the purpose of promoting the defeat of a candidate at a university is an election campaign under the proviso of Article 58 (1) of the Public Official Election Act (Article 58 (1) 1 of the Public Official Election Act), or a simple opinion about election (Article 58 (2) 58 (1) of the Public Official Election Act).

B) Violation of the Public Official Election Act based on the election campaign taking advantage of the status (Article 85(2) of the Public Official Election Act, which was amended by Act No. 12393, Feb. 13, 2014, which was after the judgment of the court below was rendered, to Article 85(2) of the Public Official Election Act.

The legislative intent of Article 85(2) of the Public Official Election Act is to prevent any person who has the right to direct and supervise his/her duties from taking advantage of any act related to his/her duties on the external basis. However, the defendant, a part-time lecturer, explicitly or implicitly notifies that he/she will be at a disadvantage when he/she cast his/her vote to G candidates.