The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Progress of judgment and scope of judgment of this court;

A. 1) The lower court rendered a not-guilty verdict on the violation of the Public Official Election Act due to the publication of false facts in the primary facts charged and the violation of the Public Official Election Act due to distorted publication of the results of the public opinion poll, which are the ancillary facts charged, on the grounds of misunderstanding of facts or misapprehension of legal principles, and the prosecutor appealed on the appeal of the prosecutor before remanding. 2) The Prosecutor appealed on the ground of misapprehension of legal principles. The Supreme Court accepted part of the Prosecutor’s assertion of misapprehension of legal principles and rendered a not-guilty verdict on the “the violation of the Public Official Election Act due to distorted publication of the results of the public opinion poll as a result of the public opinion poll as provided by Article 96(1) of the Public Official Election Act,” which is the ancillary facts charged before remanding, which is the primary facts charged, should be reversed. As long as the part of the ancillary facts charged is reversed, the lower court’s judgment prior to remand was entirely reversed and remanded to this

B. The part rejected by the court of final appeal on the ground that the allegation in the grounds of final appeal is groundless at the same time as the adjudication is rendered, and the defendant and the prosecutor cannot contest this part, and the court that has been remanded cannot make a decision contrary thereto.

(2) In light of the aforementioned legal principles, the lower court’s actual scope of trial after remanding the case is final and conclusive, since the part concerning the primary facts charged was reversed and remanded by the judgment of remanding the case, but the Prosecutor’s allegation in the grounds of appeal was rejected in the final appeal. Therefore, the lower court’s substantial scope of trial after remanding the case is final and conclusive.