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The judgment below
The guilty portion and the violation of the Public Official Election Act due to the provision of profits on January 20, 2014.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, in the process of demanding Defendant B and J to perform his election campaign, committed a violation of the Public Official Election Act (hereinafter “Defendant A”) with respect to the provision of benefit (i.e., mistake of facts or misunderstanding of legal principles). Defendant A promised to engage in a P business position and benefit to understand them. Defendant B consented thereto; Defendant A, around February 2014, 50,000 won, around March 2014, 50,000 won, around 500,000 won, and around May 2014, 2014, based on relevant evidence, acquitted Defendant A of this part of the facts charged, or erred by misapprehending the relevant legal principles under Article 230 subparag. 4 of the Public Official Election Act.
B) Defendant A, who violated the Political Funds Act (Defendant A), consistently made a statement from the investigative agency to the court of the court below that “R sought to give a receipt to A, or continued to keep it in custody by refusing to receive it.” As such, Defendant A was guilty of this part of the facts charged against Defendant A, the lower court erred by misapprehending the facts charged, but the lower court’s judgment that found Defendant A not guilty was erroneous. (2) The lower court’s sentence of unfair sentencing (one million won by each of the Defendants) is too unreasonable.
B. The Defendant A’s sentence is too unreasonable.
2. As to the prosecutor's assertion of mistake of facts
A. Except where allowances, actual expenses, and other benefits are provided pursuant to the provisions of the Public Official Election Act, no person shall express or promise to provide money, goods, or other benefits in connection with the election campaign, regardless of the pretext such as allowances, actual expenses, or compensation for volunteer services, except where allowances, actual expenses, or other benefits are provided pursuant to the provisions of the Public Official Election Act.
Nevertheless, on January 20, 2014, the Defendant carried out the Defendant’s election campaign from “L” members in T, B and J.