logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.12.11 2014노2335
정치자금법위반
Text

The judgment of the court below is reversed.

Defendants are innocent.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendants 1 guilty of violating the Political Fund Act due to the wrongful contribution of political funds among the facts charged in the instant case is erroneous in the misunderstanding of legal principles as follows.

A) Since members of the E-Trade Branch F Branch of the Labor Union (hereinafter “F Gwangju Branch”) affiliated with the Korean Democratic Labor Union Federation (hereinafter “Private Labor Union”) who are sponsoring members of G political parties (hereinafter “G political parties”), paid party membership fees as members under the Political Party Act, they do not constitute a contribution of political funds in a manner not prescribed in the Political Fund Act.

B) The Defendants cannot be deemed to have contributed as they are individually contributed according to their own voluntary intent.

C) There is no justifiable reason to believe that the Defendants did not commit a crime, or there is no possibility to expect the Defendants to commit a lawful act.

2) The sentence of the lower court (Defendant A: a fine of KRW 500,00,000, and a fine of KRW 4 million) against the illegal Defendants in sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor, it is sufficiently recognized that the Defendants contributed funds related to labor union (FU Gwangju Branch) as political funds, according to the misunderstanding of facts and misunderstanding of legal principles (not guilty part in the reasoning of the judgment below).

Nevertheless, among the facts charged in the instant case, the lower court acquitted the Defendants on violation of the Political Fund Act due to the contribution of funds to organizations, and erred by misapprehending the legal principles.

2) The lower court’s sentence against the illegal Defendants in sentencing is too unhued and unreasonable.

2. Determination ex officio as to the violation of the Political Fund Act (excluding the part concerning organization-related funds) due to an illegal contribution of political funds

A. Of the facts charged in the instant case, the lower court determined that the Defendants did not provide for political funds in G political parties through mutual aid projects for the amount of sponsored party members.

arrow