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Defendant
A, B, D, E, G, K, K, M, N, P, R, S, U, V, W, X, Y, Z, CI and CJ's appeal and prosecutor's appeal.
Reasons
1. Summary of grounds for appeal;
A. The facts charged that Defendants (Defendant C, F, H, J, Q, and T) (1) “Defendant paid party membership fees as a party member,” and facts constituting “Defendants who paid support payments,” which the lower court found guilty, are likely to differ from the means and methods of crime, and cause substantial disadvantages to the Defendants’ exercise of their right to defense.
Therefore, the court below erred by misapprehending the legal principles on the necessity of Amendments to Bill of Indictment that recognized this part of the facts charged as facts constituting another crime without any amendments to indictment.
(2) Of the facts charged in the instant case, the violation of the State Public Officials Act due to the payment of party membership fees and the violation of the Political Funds Act are constituted a commission. However, although the transfer of party membership fees is unilaterally made by transmitting a file to the Financial Settlement Service without the involvement of the Defendants, and there was no commission by the Defendants, it is unlawful for the lower court to have convicted the Defendants of the criminal facts in the form of omission without any changes in the indictment.
B. The prosecutor (unfairness) appealed from the judgment of the court below on the ground of the misapprehension of the legal principle as to the acquittal portion of the original judgment, but withdrawn from the date of the first trial of the court below, and the scope of the trial of the court below is limited
The sentence imposed by the court below (Defendant A, B, C, F, and H: 200,00 won of a fine of 200,000 won, each of the defendant D, G, K, M, S, X, and CJ: 30,000 won of a fine of 30,000,000 won, Defendant E, J, J, J, L, P, Q, Q, R, T, U, M, M, Y, Z, Z, Z, Z, and CI of a fine of 20,00 won, too far as the fine of 20,00 won is inappropriate.
2. Determination
A. (1) In a case where there is no concern that the Defendants (excluding Defendants C, F, H, J, Q, and T) may have a substantial disadvantage in exercising their right to defense, the court’s changes in indictment procedures to the same extent as the facts charged are different.