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(영문) 대법원 2018.7.20.선고 2018도6604 판결

가.공직선거법위반·나.정치자금법위반

Cases

Do 2018 6604 A. Violation of Public Official Election Act

B. Violation of the Political Funds Act

Defendant

1. (a) A;

2. (a) F

Appellant

Defendant 1

Defense Counsel

I Q, a legal entity (for Defendant A)

Attorney IR in charge

Attorney Lee In-bok (for defendant F)

Judgment of remand

Supreme Court Decision 2016Do20658 Decided October 31, 2017

Judgment of the lower court

Busan High Court Decision 2017-623 decided April 18, 2018

Imposition of Judgment

July 20, 2018

Text

all appeals shall be dismissed.

Reasons

The grounds of appeal are determined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court and the lower court, it is reasonable to find Defendant A guilty of the facts charged against Defendant A on the grounds as indicated in the judgment below. The lower court did not err by misapprehending the legal doctrine on the violation of each Act on Election of Public Officials due to the provision of money or goods related to election campaign or election campaign, and the violation of political funds law, as otherwise alleged in the grounds of appeal.

2. Examining the reasoning of Defendant F’s appeal in light of the evidence duly adopted between the first instance court and the lower court’s first instance court on the grounds of the original judgment, the lower court’s judgment convicting Defendant F of the facts charged against Defendant F on the charge of public prosecution (excluding the portion not guilty) on the grounds as indicated in its judgment is justifiable. In this context, the lower court did not err by misapprehending the legal doctrine on each public official election due to the receipt of money and valuables related to the hearing failure or advance campaign and election campaign, as otherwise alleged in the grounds of appeal.

3. Conclusion

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

Justices Park Jae-young

Justices Ko Young-han

Justices Kim So-young

Jeju High Court Decision 205 Cho Jae-chul

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