Article 153 (1) of the Election of National Assembly Members Act provides that even if a court has deliberated on the facts charged for a crime prescribed in Article 153 (2) of the same Act and it is deemed that such facts constitute a crime with a prescribed status, Article 153 (2) of the same Act shall not be punished as a crime prescribed in Article 153 (2) of the same Act, for which punishment is heavier than that of

Article 153 (1) of the former Election of National Assembly Members Act (Act No. 1256, Jan. 16, 63), Article 153 (2) of the same Act provides for a crime of infringement on the secrecy of general voting, and Article 153 (2) of the same Act provided for an aggravated crime to the persons who hold his/her status. Thus, the court shall not punish the defendant as a prescribed crime even though the prosecutor deliberated on the facts charged by him/her for the crime under Article 153 (1) of the same Act.

Article 153 of the former Election Act

Defendant 1 and two others

Gwangju District Court Decision 69No267 delivered on July 30, 1971, Decision 69No267 delivered on July 30, 1971

All appeals by the defendant's head of the Gu and the head of the Dong are dismissed.

The part concerning the defendant's highest judgment among the original judgment is reversed, and the case is remanded to the Gwangju High Court.

First of all, we judge the grounds of appeal by the defense counsel of the head of the Gu's Gu.

1. According to the legal application of the original judgment, the court below applied only Article 153(1) and Article 30 of the Election of National Assembly Members Act and Article 153(2) of the Criminal Act and Article 30 of the Criminal Act to the above two defendants with respect to the facts of crimes (the crime infringing on the secrecy of voting) set forth in Article 1 of the judgment against the above two defendants and the upper defendants. In other words, it is evident that the facts of Article 153(1) and (2) of the Election of National Assembly Members Act and Article 30 of the Criminal Act apply to the upper defendants (the facts of Article 153(1) and (2) of the Act on the Election of National Assembly Members cannot be deemed to be correct, but the purport is that the above facts of Article 164(1)1 and Article 34 of the Act on the Election of National Assembly Members cannot be accepted by misapprehending the above two defendants as to the facts of Article 1 of the judgment of the court below with respect to the above two defendants (the above Article 2 of the Act applied to the above defendants).

2. According to the records, the court below, as evidence of the facts of the first and second facts in its ruling, conducted an individual review of the progress of examination of evidence, the form and content of each evidence, and the value of each evidence (in particular, credibility), which the original judgment presented as evidence of the first and second facts in its ruling, and reviewed them comprehensively, and it is not acknowledged that the above two defendants conspired with each other in the first facts in the original judgment, and there was a violation of the rules of evidence or other unlawful acts, among the arguments, that the court below discussed the measures (No. 2 - the above evidence's independent assertion as to the admissibility and credibility of evidence, and that the testimony in the court below took only the contents of the witness's statement to the investigation agency, such as the independent assertion as to the admissibility and credibility of evidence, and that there was no objection that the above two defendants conspired with each other for the first facts in the original judgment, and that there was a violation of the rules of evidence and that there was any other unlawful act against the rules of evidence and the contents of testimony in the court.

Next, we examine the defendant's grounds of appeal.

Article 153 (1) of the Election of National Assembly Members Act provides for a crime which infringes upon or infringes on the secrecy of general voting, and Article 153 (2) of the same Act provides for aggravated crimes against members or employees of the Election Committee or public prosecutors, police officers, soldiers, or public officials related to election affairs, as stated in the preceding paragraph, since the court has deliberated on the facts prosecuted for a specific defendant's so-called crime as provided in paragraph (1) of the same Article, even though such facts are deemed to be a crime committed by a person holding status as provided in paragraph (2) of the same Article, it is obvious that such facts cannot be punished as a crime provided in paragraph (2) of the same Article with no punishment heavier than those prosecuted, since Article 153 (2) of the same Act provides for a crime which infringes on the secrecy of voting, and Article 153 (2) of the same Act provides for aggravated crimes against those persons holding status as above, it is obvious that the court below applied the above provision of the Act to the defendant's appeal by stating that it was unlawful in its opinion of Article 15 (1).

Therefore, according to the unanimous opinion of all participating judges, it is decided in accordance with Articles 380, 364(4), and 391 of the Criminal Procedure Act.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong B-Jed Han-gu