Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

B.

misunderstanding of facts or misunderstanding of legal principles (defendants) Defendant A did not intend to provide money or goods in return for an election campaign to the J, L, M, N,O (hereinafter collectively referred to as “persons related to the election affairs”) who worked in the election affairs office after registering as the preliminary candidate for the election of U.S. (hereinafter referred to as “instant election”) in 2014 (hereinafter referred to as “BD”), or who did not report to the Election Commission of AAA (hereinafter referred to as the “competent election commission”), or delivered a debit card (hereinafter referred to as “instant card”) connected to the borrowed name account in the name of the Z that was not reported to the Election Commission of AA (hereinafter referred to as the “competent election commission”), or did not conspired with Defendant B, etc. to pay the meal expenses to the employees of the election affairs office in the AF restaurant in cash withdrawn from the above borrowed name account.

The details of the settlement made by I, etc. with the instant card are only voluntary disbursement of expenses for their personal needs, and do not constitute election expenses. Therefore, the Defendants cannot be held liable for criminal liability.

On the other hand, the statements made by the prosecutor to the accused to the effect that some of the suspect interrogation records of the Defendants constitute a crime appear to have a tension attitude, and the statements secured by others without reliance on their desire or trust, were made false statements or distorted differently from the objection to the answer. Thus, the judgment of the court below that believed that this is unfasible, is erroneous in the misapprehension of facts against the rules of evidence as to the discretion and credibility of confession.

In the case of affairs related to election affairs by misunderstanding the legal principles, legitimate preparation for election under the proviso of Article 58 of the Public Official Election Act, election campaign that is permitted at all times by the proviso of Article 59 of the same Act or election campaign, cleaning, document work, etc.