공직선거법위반
The judgment of the court below is reversed.
Punishment on the accused shall be determined by a fine of KRW 800,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. In light of the empirical rule, the evidence submitted by the prosecutor claiming mistake of facts or misapprehension of legal principles is deemed to have expressed his/her intent to pay all six family meals, including L and M’s meal costs, at the date and time, place, which is recorded in the facts charged, and at the place of meal, later, and later. However, the lower court acquitted the Defendant on the ground of lack of evidence that the Defendant provided the above L and M with food free of charge.
Therefore, this part of the judgment of the court below is erroneous by misunderstanding of facts or misunderstanding of legal principles.
B. The lower court’s sentence on the assertion of unreasonable sentencing (700,000 won of fine) is too unfluent and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
In this Court, the prosecutor filed an application for the modification of an indictment with respect to the alteration of facts charged in exchange for the same contents as the stated below in the "criminal facts", and since this Court permitted it, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for ex officio reversal exist, and the judgment below is again ruled as follows.
[D's decision] A's spouse who is a member B(C constituency) in the 7th local election.
A candidate and his spouse shall not make a contribution to a person in the constituency concerned, or an institution, organization, or facility, or a person who is residing outside the constituency concerned, or an institution, organization, or facility having relations with the electorate.
Nevertheless, around 13:30 on June 6, 2018, the Defendant divided D’s name cards from “G” restaurant operated by F in E, while wearing D’s election campaign uniforms.