2017Do166A. Abuse of official authority and obstruction of exercise of rights

(b) Violation of the Act on the Collection and Use of Donations;

1. A.

2. (a) B

3. (a) C.

4. (a) D.

5. (b) E;

Defendant B, E and Prosecutor

ACV (for Defendants, Attorneys H

Chuncheon District Court Decision 2016No481 Decided January 10, 2017

May 11, 2017

All appeals are dismissed.

The grounds of appeal are examined.

1. As to Defendant B’s ground of appeal

Examining the reasoning of the judgment below in light of the evidence duly adopted by the court of first instance, the court below is just in finding Defendant B guilty of violating the Act on the Collection and Use of Donations, among the facts charged in this case against Defendant B, on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, by exceeding the principle of presumption of innocence, by violating the principle of presumption of innocence, and by misapprehending the legal principles on "collection

2. As to Defendant E’s ground of appeal

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, it is just for the court below to find Defendant E guilty of the charge of this case (excluding the part on acquittal of the reasoning). Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the "collection of donations" under the Act

3. As to the prosecutor's grounds of appeal

Examining the reasoning of the judgment below in light of the records, the court below affirmed the judgment of the court of first instance which acquitted Defendant A, C, and D on the ground that there is no proof of crime among the facts charged in this case and the facts charged in this case against Defendant B, and it is just to reverse the judgment of the court of first instance which found Defendant B guilty on the ground that there is no proof of crime as to the collection of donations to AJ among the facts charged in this case against Defendant E, and to find the Defendant not guilty on the grounds of the judgment below. There is no error of law by misapprehending the legal principles as to the judgment of "the abuse of authority" in obstruction of abuse of authority and obstruction of use of donations, "the collection of donations under the Act on the Collection and Use

4. Conclusion

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

Justices Jo Hee-de

Justices Kim Chang-suk

Justices Park Sang-ok