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(영문) 대법원 2021.01.14 2020도14641

공공단체등위탁선거에관한법률위반

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court upheld the first instance judgment that found the Defendant guilty of the violation of the Act on Entrusted Elections by Public Organizations, Etc. (hereinafter “Entrusted Election Act”).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “a false fact” under Article 61(2) of the Entrusted Election Act, intent to commit a crime of violating the Election Act and burden of proof.

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