공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 800,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of the facts and misapprehension of the legal principles (the part on violation of the Public Official Election Act due to a violation of a restriction on prohibition of contribution acts) the lower court held that the Defendant intended to become a candidate for the E constituency in the 20th National Assembly election.
H For the election district residents in the above election district, it was recognized that the person provided alcohol and food equivalent to the total amount of KRW 192,000 and made a contribution act.
However, the court below erred by misapprehending the legal principles as to the establishment of a contribution act, and the reasons are as follows.
The Defendant’s defense counsel asserted the same purport as the foregoing paragraph in the statement of reasons for appeal submitted within the submission period of the written reason for appeal, and the argument to the same purport is clearly presented through the written opinion submitted on January 13, 2017, which was later than the deadline for submission of the written reason for appeal. However, as long as the grounds for appeal that “the Defendant’s act does not constitute a contribution act,” as stated in the above written reason for appeal duly submitted, are included in the written reason for appeal, the argument as stated in the above written reason for appeal can be deemed to supplement the reasons for the existing appeal, and thus, all of the arguments in the above paragraphs
Defendant, on February 16, 2016, invited residents residing in G to “I” restaurant located in the above G, and provided meals to them. However, at the time, people attending the meals shared the meal cost and paid the meal cost, and there is no fact that the Defendant provided the above residents with food free of charge.
Article 25(2) attached Table 1 of the former Public Official Election Act (amended by Act No. 11374, Feb. 29, 2012) (amended by Act No. 11374, Oct. 30, 2014), when the Constitutional Court makes a decision of inconsistency with the Constitution regarding “the table of the constituency for the National Assembly member”, the Constitutional Court continues to exist until the legislative person was amended on December 31, 2015.