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The judgment below
The part against the Defendants is reversed in entirety.
Defendant
Imprisonment with prison labor for A, B, C, and D.
Reasons
1. Scope of the judgment of this court;
A. The lower court found the Defendants guilty of all the charges.
On the other hand, the Defendants appealed respectively on the grounds of misunderstanding of facts, misunderstanding of legal principles and misunderstanding of sentencing, and misunderstanding of legal principles as to the admissibility of some of the seized evidence, and misunderstanding of legal principles as to the collection due to the violation of the Political Fund Act by Defendants B, C and D, and misunderstanding of sentencing
Before remanding, the appellate court reversed ex officio the judgment of the court below against the above Defendants, and dismissed the appeal against Defendants A, E, the Prosecutor’s Defendant A, and the Prosecutor’s appeal against the Defendants A, and E, in accordance with the amendments to the Bill of Indictment regarding the Violation of Political Funds Act among the facts charged against the Defendants B, C, and D.
On the contrary, on the grounds of misunderstanding the facts and misapprehension of the legal principles, the Defendants appealed each of them on the grounds of misapprehension of the above legal principles and violation of the rules of evidence (Provided, That both parties’ appeals against the provision of money and valuables and receipt related to the election campaign by Defendant A were not the grounds for appeal). While the Supreme Court rejected the grounds for appeal as to the violation of the provisions of each Act on Election of Public Offices due to the provision of money and valuables and the publication of public opinion poll by Defendant D related to the election campaign, the Supreme Court erred by misapprehending the legal principles as to “the purpose of election campaign” and “the purpose of election campaign” under Article 25(1)13 and Article 89(1) and “the purpose of election campaign” under Article 25(2)4 of the former Election of Public Officials Act and “the purpose of election campaign” under Article 25(2)4 of the same Act, which are the requirements for the application of Article 25(1)3 and the main sentence of Article 89(1).