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(영문) 대법원 2018.06.15 2017도9794

공직선거법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of statements in the grounds of appeal filed by Defendant D or G defense counsel after the lapse of the period for submitting the grounds of appeal).

1. As to Defendant A and I’s violation of the Election Campaign Act by means of prior election campaign at a meeting of the organization of Defendant A and I

A. As to the grounds for Defendant I’s appeal, the lower court rejected the Defendant’s allegation of the grounds for appeal disputing the holding that: (a) Defendant A’s election campaign office registered as a preliminary candidate for the 20th National Assembly election, such as the list of crimes attached to the judgment of the first instance; (b) held a meeting of this case held by the relevant electoral district voters at the election campaign office of Defendant A, who was registered as a preliminary candidate for the 20th National Assembly election;

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted by the first instance court, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on election campaign.

B. As to the grounds for appeal by Defendant A, the lower court did not constitute an appeal for support, which is a preliminary election campaign for a candidate permitted pursuant to the proviso of Article 59 and Article 60-3 (1) 2 of the Election of Public Officials Act, since the said Defendant’s remarks to appeal for support by personnel management at a meeting of the organization of this case from among the participants of the organization of this case.

The decision was determined.

Therefore, the court below held that the above defendant committed a prior election campaign prohibited under the Act on the Election of Public Officials in collusion with Defendant I.

The decision was made and rejected the defendant's allegation of reasons for appeal.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted by the first instance court, the lower court’s aforementioned determination.