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TITLE	Supreme Court Decision 2014Do1894 Decided June 12, 2014 【Violation of the Control of FirearmsㆍSwordsㆍExplosives, etc. ActㆍSpecial Obstruction of Performance of Official DutyㆍViolation of the Political Funds ActㆍViolation of the Punishment of Violences, etc. Act (Mob Assault, etc.)】 [full Text]
Summary
[1] Where a case subject to a trial by the collegiate panel of a district court was filed before July 1, 2012, the date of enforcement of the Act on Citizen Participation in Criminal Trials (amended by Act No. 11155 on January 17, 2012), whether the case is eligible for a participatory trial (negative) [2] In a case where the Defendant (a National Assembly member) was indicted of carrying a “dangerous article” and committing acts of violence against “B” and National Assembly members by detonating a CS tear gas powder grenade behind the National Assembly podium in front of the Speaker’s seat, then throwing the tear gas powder remaining inside the canister to “B” (National Assembly Vice Speaker) for the purpose of obstructing a plenary session concerning the Korea-U.S. Free Trade Agreement ratification, the case affirming the lower court’s determination that the aforementioned tear gas grenade and tear gas powder constitute “dangerous articles” as provided by Article 3(1) of the Punishment of Violences, etc., Act (hereinafter the “Violences Act”) [3] In a case where the Defendant (person in charge of “A” political party’s accounting) was indicted for violating the Political Funds Act by receiving political funds under the items of “party membership fee, party support fund, profit from party periodical sales” through bank accounts under A’s name which were not reported to the election commission, the case affirming the lower court’s determination convicting the Defendant on the ground that the final income account is not the only bank account to be reported to the election commission

TITLE

Supreme Court Decision 2014Do1894 Decided June 12, 2014 【Violation of the Control of FirearmsㆍSwordsㆍExplosives, etc. ActㆍSpecial Obstruction of Performance of Official DutyㆍViolation of the Political Funds ActㆍViolation of the Punishment of Violences, etc. Act (Mob Assault, etc.)】 [full Text]

Summary

[1] Where a case subject to a trial by the collegiate panel of a district court was filed before July 1, 2012, the date of enforcement of the Act on Citizen Participation in Criminal Trials (amended by Act No. 11155 on January 17, 2012), whether the case is eligible for a participatory trial (negative)
[2] In a case where the Defendant (a National Assembly member) was indicted of carrying a “dangerous article” and committing acts of violence against “B” and National Assembly members by detonating a CS tear gas powder grenade behind the National Assembly podium in front of the Speaker’s seat, then throwing the tear gas powder remaining inside the canister to “B” (National Assembly Vice Speaker) for the purpose of obstructing a plenary session concerning the Korea-U.S. Free Trade Agreement ratification, the case affirming the lower court’s determination that the aforementioned tear gas grenade and tear gas powder constitute “dangerous articles” as provided by Article 3(1) of the Punishment of Violences, etc., Act (hereinafter the “Violences Act”)
[3] In a case where the Defendant (person in charge of “A” political party’s accounting) was indicted for violating the Political Funds Act by receiving political funds under the items of “party membership fee, party support fund, profit from party periodical sales” through bank accounts under A’s name which were not reported to the election commission, the case affirming the lower court’s determination convicting the Defendant on the ground that the final income account is not the only bank account to be reported to the election commission

Prev	Supreme Court Decision 2012Da106058 Decided June 12, 2014【Indemnity】
Next	Supreme Court Decision 2013Da214864 Decided June 12, 2014【Unjust Enrichment】

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