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

The grounds for appeal shall be examined ex officio prior to judgment.

1. The judgment of the court below

A. On February 29, 2016, the summary of the facts charged in the instant case (except for the portion not guilty) is that the Defendant provided the G, H, I, and J residing in the D constituency with alcohol and food equivalent to KRW 35,200 in total for F to be a candidate for the D constituency regarding the election of the 20th National Assembly members of the Republic of Korea on February 29, 2016.

B. For reasons indicated in its reasoning, the court below held that the defendant made a contribution on behalf of a person who wishes to be a candidate for an election.

Considering this part of the facts charged, the first instance judgment that convicted the Defendant of this part of the facts charged was maintained as is.

2. Judgment of the Supreme Court

A. In light of the language and text of Article 112(1) of the former Public Official Election Act (amended by Act No. 14073, Mar. 3, 2016; hereinafter the same) and the contents and purport of each provision on restrictions on contribution acts as prescribed by the former Public Official Election Act, insofar as the Public Official Election Act specifies the other party to the contribution act through the concept of “election district concerned”, a contribution act under Article 112(1) of the former Public Official Election Act may be established on the premise of the election district in which it exists at the time of the act.

must be viewed.

In this regard, Article 25 (2) of the former Public Official Election Act provides that "The names and districts of local constituencies for National Assembly members shall be as specified in attached Table 1.

“The election district concerned” under Article 112(1) of the former Public Official Election Act refers to the election district stipulated in the table of the election district in the area of a member of the National Assembly in attached Table 1 of Article 25(2) of the same Act at the time of the act in case where the “election district concerned” refers to the election district stipulated in the table of the election district in the area of a member of the National Assembly.

B. Accordingly, on October 30, 2014, the Constitutional Court: (a) attached Table 25(2) of the Public Official Election Act (amended by Act No. 11374, Feb. 29, 2012) does not conform with the Constitution; and (b) attached Table 1 of Article 25(2) does not conform with the Constitution; and (c) on December 31, 2015, the list of the election district district in the National Assembly area.