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(영문) 대법원 2016.11.10 2016도13045

공문서위조등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that Defendant A was guilty of violating the Public Official Election Act by offering money and goods related to election campaign among the facts charged in this case against Defendant A for the reasons indicated in

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the argument that Defendant A erred by misapprehending the legal principles as to the violation of the Public Official Election Act by publishing false facts among the facts charged in the instant case is not a legitimate ground for appeal since the lower court’s assertion was made in the final appeal that it did not constitute a ground for appeal or ex officio.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment that acquitted the Defendants on the ground that the lower court did not constitute a crime of violating the Act on the Lapse of Punishment, etc. due to the use of a criminal record of a candidate for public office among the facts charged in the instant case for reasons

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the subject of the violation of Article 6(4) of the Act.

On the other hand, the prosecutor appealed to the remainder of conviction except for the violation of the Public Official Election Act among the judgment below, but there is no specific grounds for objection to this part in the petition of appeal or appellate brief.

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