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The judgment below is reversed, and the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. As to the violation of the Public Official Election Act due to the violation of the Act on Contribution-restricted Act, the lower court found the Defendant not guilty as to the violation of the Public Official Election Act due to the fact that the Defendant’s provision of meals to 14 residents G, on the grounds as stated in its reasoning, did not clearly support the scope of areas included in each constituency as of the time of contribution-restricted act, since the list of election district districts in a National Assembly member under the former Public Official Election Act (amended by Act No. 14073, Mar. 3, 2016; hereinafter the same shall apply) loses its effect by a decision inconsistent with the Constitution of the Constitutional Court, and since the new list of election district districts in a National Assembly member area was enforced, the scope of areas included in each constituency as of the time of contribution-restricted act was not clearly determined and, therefore, whether the other party is “person in the relevant constituency” or “person having relations with
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the restriction on contribution under Articles 115 and 112(1) of the former Public Official Election Act.
2. As to the violation of the Public Official Election Act due to the purchase and the inducement of understanding
A. On February 16, 2016, at the 20th National Assembly election, the Defendant provided 14 G residents, including K, with food equivalent to KRW 192,00, at a restaurant located in J on February 16, 2016, for the purpose of getting H to be elected at the 20th National Assembly members election.
‘ is'.
In the application of the provisions of Article 230 (1) 1 of the Public Official Election Act in relation to the election of the local constituency National Assembly member, the lower court shall purchase the scope of “an elector” as provided in the above provision.