The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. Examining the reasoning of the Defendant’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable in finding the Defendant guilty of violating the Public Official Election Act by publishing false facts in the facts charged of this case against the Defendant for the reasons indicated in its holding. In so doing, it did not err by misapprehending the principle of self-responsibility or the legal principles on the interpretation of Article 250(2) of the Public Official Election Act, as alleged in the

2. As to the prosecutor's grounds for appeal

A. On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the violation of the Public Official Election Act by a contribution act on January 27, 2016 among the facts charged in the instant case constituted a case not constituting a crime.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to "election district" and "contribution act" under Articles 257 (1) 1 and 113 (1) of the Election of Public Officials Act, as alleged in the grounds of appeal.

B. 1) On January 27, 2016, the summary of this part of the facts charged in the preliminary charge added at the lower court’s trial, “The Defendant attended a friendship conference of the AO Volunteers (AP Volunteers) around 19:00 and offered food equivalent to KRW 60,000 at the market price to five members, including the head of AP Volunteers, at around 19:00, for the purpose of using it for the election campaign.

‘ is'.

On the other hand, the court below decided that the crime of inducing understanding under Article 230 (1) 3 of the Public Official Election Act is subject to understanding as in Article 112 of the Public Official Election Act.