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(영문) 대법원 2018.06.28 2017도14077

공직선거법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant A guilty on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the scope of money or goods, the calculation of election expenses, the burden of proof, etc., or by exceeding the bounds of free evaluation due to violating logical and empirical rules.

2. Examining the reasoning of the lower judgment on the grounds of Defendant E’s appeal in light of the evidence duly admitted, the lower court is justifiable to have determined that the lower court convicted Defendant E of all the facts charged (except for the portion without charge) on the grounds indicated in its reasoning.

In so doing, 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 relevant legal principles, without exhausting all necessary deliberations as alleged in the grounds of appeal.

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