A. The Defendant, at Ansan-si, did not have leased the office located in G3 (hereinafter “instant office”) in G for the purpose of using it as the office of a regional committee for the F constituency, and did not have any personal and physical facilities, including the office marks of the regional committee, in addition to the Defendant’s personal goods, and used it as a meeting place without compensation. As such, the Defendant violated the Political Parties Act, and did not have any regional committee office for the operation of the subordinate organization of the City/Do party.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the Defendant, the chairman of the regional committee for election district in Ansan-si, Gyeonggi-do Party, established and operated an office of a party member council for the operation of subordinate organizations of the City/Do Party for about three years, the crime of this case by the prosecutor (unfair sentencing) is deemed to be unfair, and the sentence of the lower court imposing a fine of KRW 300,000 is too unreasonable.

2. Determination

A. The lower court recognized all the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the defense counsel’s assertion of mistake, i.e., (i) the Defendant was under investigation by the police and the prosecution, and (ii) the Defendant held various meetings and major events related to the FF District Regional Committee in Ansan-si, including, at the instant office, meetings of the board of representatives located in the FF District District in Ansan-si, Seoul Special Metropolitan City, the Local Committee Chairperson, the Local Committee Chairperson, the Local Committee Chairperson, the Standing Committee, the Local Committee Operation Committee, the Local Committee’s Monthly Session, and the Local Committee’s Monthly Session, and worked as the FF District Women’s Chairperson in Ansan-si.

L also under the police investigation of this case.