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Of the convictions and innocences of the lower judgment, the violation of the Public Official Election Act due to contributions and purchase and purchase.
Reasons
The grounds of appeal are examined.
1. As to the violation of the Public Official Election Act due to the Defendants’ purchase and understanding inducement
A. The summary of this part of the facts charged that was added in the first instance trial is as follows: “Defendant A will be elected in the election of the 20th National Assembly members; Defendant B and C will be elected in the election of the said 20th National Assembly members; Defendant B and C will be elected in the election of the said 163,00 won in total to nine electors, including U, etc. at the restaurant located in V on January 1, 2016.
“.....”
The lower court: (a) premised on the existence of a specific election district having legal effect; (b) [Attachment 1] Article 25(2) of the former Public Official Election Act (amended by Act No. 14073, Mar. 3, 2016) / [Attachment 1] Article 25(2) of the former Public Official Election Act (amended by Act No. 14073, Mar. 3, 2016) / [Attachment 1] provided the above meals to the Defendants in a situation where there is no valid election district due to the invalidation of the mark of the constituency district in the area of a National Assembly member as a result of the decision of the Constitutional Court’s inconsistency with the Constitution, the Defendants cannot be punished as a crime of purchase and understanding; and (c) for the purpose that the above crime is to be established or elected.”
For reasons that this part of the facts charged cannot be assessed, the judgment of the first instance court is justifiable.
In light of this, it was maintained as it is.
B. (1) Article 230(1)1 of the Public Official Election Act does not limit “an elector,” who is the other party to the crime of purchase and understanding inducement, to “an elector,” but also includes “a person eligible to be recorded on the electoral registry before preparing the electoral registry.”
Here, “persons eligible for entry in the electoral registry” shall be registered as residents in the relevant constituency as of the base date of preparation of the electoral registry.