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The judgment below
Of them, donations made by Defendant A and B due to “BK knife hospital expenses-raising by the injured.”
Reasons
The grounds of appeal are examined.
1. According to the records as to Defendant A’s appeal, the Defendant did not submit a written reason of appeal within the statutory period, and the petition of appeal does not state the reason for appeal.
2. Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted by the lower court with respect to Defendant C’s appeal, the lower court was justifiable to have found the Defendant guilty of the instant conjunctive charges on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules
3. As to the prosecutor's appeal
A. As to the assertion that the non-permission decision on the amendment of a bill of indictment is unlawful, the prosecutor may add, withdraw, or modify the facts charged or the applicable legal provisions stated in the indictment with the permission of the court, and in this case, the court shall permit it to the extent that it does not harm the identity of the facts charged (Article 298 of the Criminal Procedure Act). Therefore, since res judicata effect on part of several criminal facts in the relation of a single crime is limited to other parts that are not subject to adjudication in reality, the remaining parts in the appellate trial were added after a prosecution on some criminal facts was instituted.
On the other hand, since it cannot be deemed that the identity of the facts charged is harmed, the court shall permit it (see, e.g., Supreme Court Decision 92Do2047, Dec. 22, 1992). Article 4(1) of the former Act on the Collection and Use of Donations (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Donation of Donations”) provides that “a person who intends to collect money and valuables of at least KRW 10,000,000, which is a donation of at least the amount prescribed by Presidential Decree, shall prepare a plan for collection and use, stating the following matters, and shall be the Minister for Administrative Safety or the Minister for Administrative Safety, as prescribed by Presidential Decree: