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1. The judgment below is reversed.
2. Defendant A shall be punished by a fine of KRW 1,200,000, and Defendant B shall be punished by a fine of KRW 800,00.
Reasons
1. Summary of grounds for appeal;
A. Defendants A (A) misunderstanding of facts had ordinary and courtesy meetings (hereinafter “instant meetings”) at the time of the expiration of the year-end holiday, and only became aware of the contact with the instant meetings, and there was no conviction that I would participate in the instant meetings, i.e., election of National Assembly members.
Therefore, the Defendant did not commit each of the crimes of this case in collusion with B.
B) Legal principles (the violation of the Act on the Election of Public Officials) are based on the premise that a valid election district exists. However, although the Constitutional Court rendered a ruling of inconsistency with the Constitution that "the list of the National Assembly districts for the National Assembly members in attached Table 1 of Article 25 (2) of the former Public Official Election Act (amended by Act No. 11347, Feb. 29, 2012) is not consistent with the Constitution, and the said list of the National Assembly districts for the National Assembly members shall continue to apply until the legislators revised on December 31, 2015," the National Assembly failed to comply with its time limit and thereby the amended Public Official Election Act was enforced on March 3, 2016, and accordingly, there was no National Assembly member from January 1, 2016 to March 2, 2016, and even if the defendant's act committed on February 13, 2016 falls under a third party's act, it does not constitute an unfair sentencing (the fine of this case).
2) Defendant B(A) misunderstanding of facts (the point of prior election campaign) is the head of the office of the E-party HFF forces office, and the attending the instant meeting together with I who intends to participate in the 20th National Assembly election does not deviate from the scope of ordinary political party activities.
(2) Since I registered AM as a preliminary candidate for the 20th National Assembly election, and it was anticipated that the election districts of AM and FF would be integrated, the Defendant, who is the head of the contact with the district party, carries out I.