For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Political Fund Act due to the omission of accounting report on election expenses among the charges in the instant case.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to “where the political funds are omitted to conceal the revenue and expenditure of election expenses” under Article 49(1) of the Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.