The judgment of the court below is reversed.

Defendant

B Imprisonment for six months, Defendant A and C shall be punished by a fine of three thousand won, respectively.

1. Summary of grounds for appeal;

A. Defendants 1) 1 and 115 of the Public Official Election Act provide that the third party cannot make a contribution act in relation to the election, and the above election refers to the 19th presidential election in the instant case.

However, the Defendants provided meals, transportation, etc. as stated in the judgment of the court below to select the H candidate as a candidate at the competition in the party competition, merely provided them with meals, transportation, etc. as stated in the judgment of the court below.

shall not be deemed to exist.

Nevertheless, the lower court erred by misapprehending the fact that the Defendants made a contribution act with respect to the presidential election.

B) The violation of the Public Official Election Act due to the violation of the contribution-restricted act by a third party and the violation of the Public Official Election Act due to the provision of profits related to the competition in the party are all prohibited and punished.

In the latter case, the latter is "the purpose of being elected as a candidate in connection with the intra-party competition" as an element of the composition requirement, and the former is specially related to the former, so in this case only constitutes a violation of the Public Official Election Act due to the provision of profits related to the intra-party competition.

Nevertheless, the lower court erred by misapprehending the legal principles, thereby having a mutually competitive relationship between both crimes.

The lower court erred.

2) The sentence sentenced by the lower court to the Defendants (Defendant B: 2 years of suspended sentence in August of imprisonment, Defendant A, and C: Each fine of KRW 4,000,00) is too unreasonable.

B. The sentence sentenced by the court below to the Defendants is too uneasible.

2. Judgment on the Defendants’ misunderstanding of facts or misapprehension of legal principles

A. In full view of the relevant legal principles’ main text, Articles 58(1) and 2, 57-2(1), and the main text, structure, legislative intent, etc. of Article 57-3(1) of the Election of Public Officials Act, “election campaign” refers to an act for winning or defeat in an election in an election for public office, and goes out to an election for public office.