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The judgment below
Among them, the part on the violation of the Political Fund Act against Defendant A is reversed.
Defendant
A. Fines.
Reasons
The judgment of the court below in relation to the progress of the lawsuit and the scope of the judgment of the court below in relation to the defendant A and B, the official support fund of H (hereinafter referred to as "I"), I advertising fund-raising, BK's kn Counterterrorism hospital funds-raising, the fine for the contributor and the fund-raising of the wounded treatment expenses, and the violation of the Act on the Collection and Use of Donations (hereinafter referred to as the "Donation of Donations"), and the embezzlement against the defendant A, and the violation of the Political Funds Act against the defendant A and the co-defendant C (hereinafter referred to as "C") of the court below.
The lower court acquitted all the above facts charged.
The prosecutor appealed on the judgment before remanding the case by mistake of facts and misapprehension of legal principles.
The prosecutor added the facts charged in relation to the violation of the Political Funds Act against Defendant A and C in the first instance before remanding the case (hereinafter referred to as “the ancillary facts charged as to the violation of the Political Funds Act”), and ② from September 9, 2008 to October 27, 2008, the prosecutor applied for permission to amend the Bill of Indictment (hereinafter referred to as “the additional facts charged as to the violation of the Political Funds Act”) to add the facts charged as to the violation of the Political Funds Act against Defendant A and C, and the violation of the Act on the Money and Valuables donated to Defendant A and B concerning the collection of funds related to the violation of the Political Funds Act. However, the first instance court requested to amend the Bill of Amendment against the violation of the Political Funds Act as to the additional facts charged as to the violation of the above paragraph (2) from September 9, 2008 to October 27, 2008, and revoked it from the trial date.
The appeal of the prosecutor shall be filed by the court prior to remanding ① the violation of the Act on the Money and Valuables donated to Defendant A and B, and the embezzlement against Defendant A.