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(영문) 대법원 2016.05.12 2016도2933

공공단체등위탁선거에관한법률위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

In doing so, there is a violation of logical and empirical rules and a violation of the principle of free evaluation of evidence beyond the limits of free evaluation of evidence, or a violation of relevant legal principles.

subsection (b) of this section.

Meanwhile, among the grounds of appeal, the allegation that the lower court erred by misapprehending the legal doctrine on admissibility of evidence, is not a legitimate ground of appeal, since the Defendant’s ground of appeal or the lower court’s decision did not have been subject to judgment ex officio.

B. The ex officio review of the lower judgment does not seem to have any illegality that could affect the lower judgment.

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