The judgment below is reversed, and the case is remanded to Jeju District Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the grounds of the Defendant’s appeal, the lower court, on the grounds stated in its reasoning, provided money to H and the elector’s family member for the election campaign rather than merely courtesy consolation money.

Based on the judgment of the court of first instance which found the Defendant guilty of the part concerning the provision of money for election campaign purposes among the facts charged of this case, it rejected Defendant’s assertion of mistake and legal principles.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the “purpose of election campaign” as prescribed by the Act on Entrusted Election by Public Organizations, Etc. (hereinafter “Entrusted Election Act”) and the standard of determining “ordinary, formal, and private acts” excluded from election campaign.

Among the grounds of appeal, the argument regarding the elements for establishing a public recruitment relationship, the identity of the donor, the scope of the elector or his/her family members is not legitimate grounds of appeal since the defendant's grounds of appeal or the court below's grounds not subject to judgment ex officio are filed in the final appeal.

B. While examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err as otherwise alleged in the judgment.

2. As to the prosecutor's grounds for appeal

A. The necessary deprivation or collection of penalty pursuant to Article 60 of the Entrustment Election Act aims to deprive the elector or his/her family of money, goods, entertainment, or other property benefits provided for the crime and prevent him/her from possessing unjust benefits. Thus, the elector or his/her family has the money, etc. provided for election campaign purposes.