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(영문) 대법원 2017.07.18 2017도6512

공직선거법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty on the charges of this case (excluding the portion without charge) on the grounds indicated in its reasoning

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the interpretation of Article 106 of the Public Official Election Act, and by misapprehending the legal doctrine.

2. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, it is justifiable for the lower court to have upheld the first instance judgment that acquitted the Defendant of violation of the Public Official Election Act due to publication of false facts in the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on publication of false facts.

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