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(영문) 대법원 2017.06.19 2017도4354

공직선거법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of the Defendant’s appeal in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of violating the Act on Election of Public Officials by inducing false answers in the public opinion poll for competition in the party, based on its stated reasoning.

In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on “gender, age, etc.” under Article 108(11)1 of the Public Official Election Act, or by violating the principle of statutory punishment.

2. The lower court rendered a not guilty verdict on the grounds of the prosecutor’s appeal on the charges of violating the Public Official Election Act by publishing false facts on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the objects of publication of false facts under Article 250(3) of the Election of Public Officials Act.

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