Text
Of the judgment of the first instance, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of KRW 1,500,000.
Defendant .
Reasons
1. Summary of grounds for appeal by the public prosecutor;
A. In light of the misunderstanding of facts against Defendant B and the circumstances leading up to which Defendant B organized a meeting on March 26, 2018, the first public notice of the meeting was given to Defendant B, the frequency and contents of communication given and received with A from the first public notice of the meeting to the date of the meeting, and the Defendant’s financial resources at the time, etc., Defendant B organized a meeting and performed a contribution act for Defendant B who wishes to become a candidate for an election in contravention of Article 115 of the Public Official Election Act.
Nevertheless, the judgment of the court of first instance which acquitted Defendant B of this part of the facts charged on the ground that the pertinent meeting held by Defendant B, regardless of A, was held at the response level with respect to the members of the meeting, and it did not constitute evidence as to the fact that Defendant B participated in the meeting after the meeting was decided, and thus, it cannot be deemed that there was evidence as to the fact that Defendant B took place a contribution act for A for the purpose of this case. The judgment of the court of first instance which acquitted Defendant B of this part of the facts charged is erroneous in the misapprehension of law as to the interpretation and application of Article 115
B. The first instance judgment imposing a fine of KRW 500,00 on Defendant A in light of the following: (a) the Defendant changed his party membership and registered as a preliminary candidate for the Hparty to the 7th nationwide City/Si/Gun election of the Seoul Special Metropolitan City Council member H political party; and (b) the Defendant participated in the relevant meeting with B’s assistance in order to secure a foundation for supporting the intra-party competition; and (c) carried out an election campaign for friendship members and made a contribution act; and (d) around March 20, 2018, the sentencing of the first instance judgment imposing a fine of KRW 5
2. The judgment of this Court
A. (i) As to the mistake of facts as to the acquittal portion against Defendant B and the violation of laws and regulations, Defendant B of this part of the facts charged is a candidate for the 7th nationwide election district of Seoul Special Metropolitan City(D, E, F, G Dong).