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The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.
Reasons
The grounds of appeal are examined.
1. On February 14, 2016, the summary of this part of the facts charged that was selected by the lower court, “The Defendant provided entertainment to 23 electors, such as Z, who attended the F election campaign office opening ceremony held in the cafeteria located in the cafeteria in the 20th National Assembly election for the 20th National Assembly members.”
‘ is'.
For this reason, the court below held that in applying the provisions of Article 230 (1) 1 of the Public Service Election Act to the election of the local constituency National Assembly member, only the elector in a specific local constituency where the person having the effect of the purchase becomes a candidate or intends to become a candidate should be deemed to be included in the scope of the “ elector” as prescribed in the above provision.
In addition, Article 25 (2) of the former Act on Election of Public Officials (amended by Act No. 14073, Mar. 3, 2016) / [Attachment 1] Article 25 (2) of the former Act on Election of Public Officials (amended by Act No. 14073, Mar. 3, 2016) provides meals to 23 persons including Z, etc. / [Attachment 1] was in a legal blank because the list of electoral districts in the National Assembly area lost its validity by a decision inconsistent with the Constitution of the Constitutional Court, and in such a legal blank state, it is difficult to find whether the party receiving money and valuables is an elector in the relevant constituency because
2. However, it is difficult to accept the above judgment of the court below for the following reasons.
A. Article 230(1)1 of the Public Official Election Act does not limit “persons who have the right to vote and are listed on the electoral registry” to “persons who are eligible to be listed on the electoral registry,” but does not limit “persons who have the right to vote” to “persons eligible to be listed on the electoral registry, before preparing the electoral registry.”
at this time.