공직선거법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. According to the progress records of the case, the following facts are recognized:
A. The lower court convicted the Defendant of the violation of the Public Official Election Act due to the violation of the Act on Contribution by Third Parties and the violation of the Act on Election of Public Officials due to the violation of the restriction on the subject of election campaigns, and sentenced the Defendant to a fine of KRW 1
On the other hand, the defendant filed an appeal.
B. In the trial before remanding, the amendment of indictment was made by adding "a violation of the Public Official Election Act due to inducement of understanding" to the existing facts charged as guilty in the original trial.
(c)
Before remanding, the judgment of conviction by the court below on the violation of the Public Official Election Act due to the violation of restrictions on election campaign agents, among the primary facts charged, was affirmed on the ground that the violation of the Public Official Election Act due to the violation of the third party contribution-restricted act, which is the remaining primary facts charged, and the violation of the Act on the Election of Public Officials due to purchase and inducement
(d)
The prosecutor filed an appeal against the violation of the Public Official Election Act due to the violation of the Act on the Contribution-restricted Act by third parties, which is the part not guilty of the reason for the deliberation prior to the remand and the violation of the Act on the Election of Public Officials
E. The Supreme Court received the Prosecutor’s appeal on the violation of the Public Official Election Act due to purchase and understanding inducement, and rejected the Prosecutor’s remainder of appeal, and reversed the Prosecutor’s remainder of appeal on the ground that the part of violation of the Public Official Election Act due to purchase and understanding inducement is reversed, and that the violation of the Public Official Election Act due to the violation of the Act on Contribution by Third Parties and the violation of the Act on Election of Public Officials due to the violation of the Act on Contribution by Third Parties and the part of violation of the Act on Election of Public Officials due to the violation of the restriction on upper competition relation
2. Summary of reasons for appeal;
(a) mistake of facts;