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(영문) 대법원 2017.6.8.선고 2017도4491 판결

공직선거법위반

Cases

2017Do4491 Violation of the Public Official Election Act

Defendant

A person shall be appointed.

Appellant

Prosecutor

Judgment of the lower court

Seoul High Court Decision 2016Do3791 Decided March 17, 2017

Imposition of Judgment

June 8, 2017

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the charge of this case on the grounds that there was no proof of crime. Examining the reasoning of the lower judgment in light of the record, the lower court’s aforementioned determination is justifiable. 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 free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

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

Justices Park Jae-young

Justices Kim Jae-hyung

Justices Park Young-young

Justices Kwon Soon-il

심급 사건
-서울고등법원 2017.3.17.선고 2016노3791
참조조문