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(영문) 대법원 2015.08.19 2015도7175

공직선거법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Political Funds Act due to the receipt and disbursement of political funds (excluding the portion related to oil), which did not go through each person in charge of accounting as of June 9, 2014 and June 10, 2014, among the facts charged in the instant case against the Defendant, on the grounds indicated

The judgment below

In light of the records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the interpretation of Article 36(1)

2. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of violating each of the Public Official Election Act as to election campaign and election expenses limited in excess of the amount imposed on the Defendant.

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.

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