A. In a case where the appellate court prior to the remanding of the case, which was prosecuted as concurrent crimes, acquitted and convicted as to the crime A, which was pronounced not guilty only by the prosecutor, and the Supreme Court reversed and remanded only the crime A, the psychological scope of the appellate court after the remanding of the case

(b) The nature of an expression of intent for provision of money, etc. under Article 152 (1) 1 of the Election of National Assembly Members Act, where a letter envelope containing cash has been received to a post office for illegal election campaign by providing money and other valuables was discovered at the stage of going through a person for sending the envelope (affirmative);

A. In a case where the appellate court prior to the remanding of the case pronounced not guilty on the former concerning the expression of intent to provide money under Article 152 (1) 1 of the Election of National Assembly Members Act and the crime of unlawful exercise such as prior exercise under Article 178 (1) 1 of the same Act, and sentenced the latter guilty, the Defendant appealed only on the electronic crime against which the Defendant was acquitted without filing a final appeal against the above judgment, and where the Supreme Court reversed the judgment of the court below and remanded the case to the court below, the offense of unlawful exercise, such as prior exercise, among the facts charged, was already found guilty and the sentence becomes final and conclusive and remanded, is only the crime of expression of intent to provide money, etc. under Article 152 (1) 1 of the Election of National Assembly Members Act, and the court below's judgment after the remand of the case shall deliberate only on this part

B. In a case where the Defendants received plastic bags containing cash in a post office for illegal election campaign by providing money and other valuables and discovered them at the stage of going through a person’s lawsuit for sending, the Defendants’ act constitutes a crime of expression of intent to provide money, etc. under Article 152(1)1 of the Election of National Assembly Members Act.

A. Article 364 of the Criminal Procedure Act. Article 152(1)1 of the Election of National Assembly Members Act

A. Supreme Court Decision 74Do1301 delivered on October 8, 1974 (Gong1974,8066) (Gong1976,9470 delivered on November 9, 1976). Supreme Court Decision 89Do151 delivered on December 22, 1989 (Gong190,422)

Defendant 1 and one other

Defendants

Attorney Kim Ho-young et al.

Daegu High Court Decision 90No62 delivered on April 18, 1990

The part of the lower judgment against Defendant 1 is reversed, and that part of the case is remanded to the Daegu High Court.

Defendant 2’s appeal is dismissed.

1. Defendant 1’s ground of appeal is examined.

According to the records, the appellate court's judgment prior to remand sentenced Defendant 1 not guilty of the expression of intent to provide money, etc. under Article 152 (1) 1 of the Election of National Assembly Members Act and the crime of unlawful exercise, such as prior exercise under Article 178 (1) 1 of the same Act, and sentenced Defendant 1 to a suspended sentence of one year by recognizing that Defendant was guilty, and sentenced Defendant 1 to a suspended sentence of one year. The Supreme Court reversed only the electronic crime among the judgment of the court below and remanded to the court below. If the contents of the judgment against the above Defendant are the same, if the judgment against the above Defendant is already found guilty of the crime of unlawful exercise, such as prior exercise, etc., and the sentence of two years is reversed and remanded to the court below, since the judgment of the court below is only the crime of expression of intent to provide money, etc. under Article 152 (1) 1 of the Election of National Assembly Members Act, and only the portion of the declaration of intention to provide money, etc. which was reversed and remanded after remand shall be deliberated.

The court below erred in the misapprehension of legal principles as to the scope of deliberation, since the court below's decision after remanding the purport of reversal and return of the Supreme Court's decision after remanding the above defendant, which constitutes concurrent crimes for which the judgment of the appellate court prior to remand was reversed and remanded, and also the final and conclusive part has not been tried and finalized.

2. Defendant 2’s ground of appeal is examined.

The decision of the court below is justified in the decision that the defendants' act constitutes a crime of expression of intent to provide money, etc., and there is no error in the misapprehension of legal principles such as the theory of lawsuit.

3. Therefore, the part of the judgment of the court below against Defendant 1 is reversed, and that part of the case is remanded to the court below. Defendant 2's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)