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1. The part of the judgment below regarding Defendant B, C, D, E, and F shall be reversed.
Defendant
B, C, and D shall be punished by each fine of 2,00.
Reasons
1. Summary of grounds for appeal;
A. The court below determined that only 28 participants who did not contain food expenses to be contributed and purchased are 14 members AH, AD, AE, AF, AF, AJ, AJ, AK, AL, AM, and 4 members of the above 28 members who did not contain any money in collecting food expenses, and that the amount paid in excess of the share of their own food expenses by 14 members who did not contain any money in collecting food expenses, and that the scope of the act of contribution and provision is 10,142 won, since the amount paid in excess of the share of their food expenses by 4 members of the 28 members of the above 28 members of the attendance.
However, in light of the fact that the money collected at the time of the event was paid out of the money prepared in advance by Defendant B without the actual food cost, and that the participants who did not comply with the money collection due to the lack of coercion of the money collection were only aware that they were eating food provided by the above Defendants, it is reasonable to view that the act of contribution and purchase with food provision of an amount equivalent to 262,00 won to 40 members of the electorate (excluding the Defendants and M, AC, and AH andD among the total 49 members) was constituted.
Nevertheless, the lower court acquitted the Defendants of the portion of KRW 161,858 out of KRW 12,858 (=262,00 - deficient food cost of KRW 100,142), which was excluded from the facts charged, on the grounds that 14 persons, from among the participants of the event, who did not have the electorates, paid money for 12 or more of their own food costs. The lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (b) The lower court’s judgment against the Defendants on unreasonable sentencing (Defendant A: KRW 80,000, KRW 2,000,000, KRW 2,000, KRW 300, KRW 400, KRW 90,000 for each fine of KRW 4,00 for Defendant D, E, F, and KRW 90,000 for each of the Defendants’ respective food costs.
2. Matters concerning the grounds for appeal;