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The judgment below is reversed, and the case is remanded to Busan High Court.
Reasons
1. The prosecutor's appeal is examined.
In full view of the circumstances indicated in its reasoning, the lower court is difficult to view that the fund recruited from the members of the Trade Union of this case was either able to dispose of the fund or at least able to be identical to the fund by actively participating in the recruitment and creation of the Trade Union.
The decision was determined.
Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding “funds related to organizations” under Article 31(2) of the Political Fund Act, contrary to what is alleged in the grounds of appeal.
On the other hand, the prosecutor filed an appeal against the guilty portion, but did not state the grounds for appeal in the petition of appeal, and did not state the grounds for appeal in the petition of appeal.
2. The decision shall be made ex officio;
A. Of the facts charged in the instant case, the lower court upheld the first instance judgment that found the Defendant guilty by applying Article 45(1) of the Political Funds Act with respect to the portion that the Defendant contributed political funds to a political party that is not entitled to receive any contribution of political funds (an illegal receipt of political funds).
In this regard, the Constitutional Court rendered a decision inconsistent with the Constitution that "The part concerning Article 6 of the former Political Fund Act (amended by Act No. 8880 of Feb. 29, 2008, and amended by Act No. 9975 of Jan. 25, 2010), Article 6 of the Political Fund Act (amended by Act No. 9975 of Jan. 25, 2010), and the main sentence of Article 45 (1) of the Political Fund Act (amended by Act No. 8880 of Feb. 29, 2008), "The part concerning Article 6 of the "other method than this Act" is inconsistent with the Constitution; and "The part of the above Article 6 of the Political Fund shall continue to apply until the legislative amendment was made by the legislative deadline of Jun. 30, 2017," and Article 45 (1) of the Constitution (amended by Act No. 13688, Feb. 16, 2015>