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(영문) 제주지방법원 2018.01.11 2017노275
공공단체등위탁선거에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Reasons

1. Progress of judgment;

A. The lower court found the Defendant guilty of violating the Act on Entrusted Elections by public organizations, etc. under the Preliminary Election Campaign Act, including the provision of money for the purpose of each election campaign against H and I, which is the facts charged of the instant case, and provided the Defendant with a fine of five million won or more and for election campaign purposes.

300,000 won and I provided

The total amount of KRW 50,000 was sentenced to collection for KRW 350,000.

Accordingly, the Defendant appealed each on the grounds of the misunderstanding of facts and misunderstanding of legal principles as to the provision of money for the purpose of each election campaign and the illegality of sentencing.

B. The judgment of the court prior to remand rejected the Defendant’s assertion of misunderstanding of the facts and misunderstanding of the legal principles as to the provision of money for each election campaign purpose among the Defendant’s guilty portion, but the judgment of the court below was reversed ex officio on the ground that there was an error of misunderstanding of the legal principles as to the additional collection portion, and the judgment of the court below was reversed ex officio on the ground that all of the facts charged in the

On the other hand, the Defendant rendered each judgment on the grounds of misunderstanding of facts and misunderstanding of legal principles as to the provision of money for each election campaign among the guilty portion, on the grounds of misunderstanding of legal principles as to the collection portion.

(c)

The Supreme Court erred by misapprehending the facts and by misapprehending the legal principles as alleged by the defendant in the part of each judgment of the party before remanding.

Although it is not possible to view the draft portion, there were errors by misapprehending the legal principles on additional collection under Article 60 of the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”), thereby failing to exhaust all necessary deliberations, thereby affecting the conclusion of the judgment.

After determining the scope of reversal, if there is a history of reversal on the part of confiscation or collection among the appellate judgment that sentenced the principal penalty and confiscation or collection in relation to the scope of reversal, the appellate court may reverse only that part.

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