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1. We reverse the guilty part of the judgment of the court below, including the acquittal part against the defendant.
2. Each judgment.
Reasons
1. The court below found the defendant guilty of the crime committed in excess of the amount of 6,100,588 won out of the charges for excessive disbursement of the restricted amount of election expenses, and found the defendant guilty of the violation of the Public Official Election Act, and found the remainder of the charges guilty.
The Defendant appealed against the conviction portion among the judgment below, and the prosecutor appealed against the acquittal portion and the conviction portion. The judgment of the court prior to remanding the part of the judgment below is reversed, and the Defendant was found guilty of violation of the Public Official Election Act due to the provision of money and goods other than statutory allowances to E among the facts charged against the Defendant. In addition to the excessive disbursement of KRW 5,400,58,000 in excess of the restricted amount of election expenses, the Defendant was guilty
The Prosecutor appealed on the part of the acquittal and the part of the verdict prior to the remanding. The Defendant did not appeal. The Supreme Court accepted the Prosecutor’s appeal in part and reversed the conviction, including the portion not guilty, and remanded it to the trial court. The appeal on the part of the judgment not guilty was dismissed.
Therefore, among the judgment of the court below, the violation of the Public Official Election Act due to the provision of money and other valuables to E is separated and finalized by the judgment of remand, so the prosecutor's appeal does not exist any longer. Thus, this Court's appeal is limited to the guilty part of the judgment below, including
2. Summary of grounds for appeal;
A. There was no perception of the intention or illegality of unlawful act, since each crime (defendants) No. 1. A. 1. in the judgment of misunderstanding of facts and misunderstanding of legal principles (a) was sent after informing the public official in charge of the election commission of the contents of the annual sub-committee and obtaining revisions. ② There was no awareness of the intention or illegality of the law. (b) No. 1. 2.
(2) Crimes;