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(영문) 대법원 2014.02.27 2013도15476

공직선거법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the Defendants guilty of each of the facts charged of this case (excluding the part not guilty of Defendants D and E) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience and the principle of free evaluation of evidence, or by misapprehending the legal doctrine regarding the meaning of prior election campaign under Article 254(2) of the

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to maintain the first instance court that acquitted Defendant D and E on the ground that there was no proof of the relevant crime, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience and by exceeding the bounds of the free evaluation of evidence, or by misapprehending the legal doctrine on admissibility of evidence.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.