beta
(영문) 대법원 2016.06.09 2016도4234

공직선거법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted and examined by the court below and the first instance court as to the grounds for appeal by Defendant B and Defendant C, the court below is justified in finding the Defendant guilty of all the charges of this case against Defendant B and Defendant C on the grounds as stated in its reasoning.

In doing so, there is no violation of law of logic and experience beyond the limit of free evaluation of evidence in violation of law of logic and experience.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the lower court to maintain the first instance judgment that acquitted Defendant A of the facts charged in the instant case on the grounds that there is no proof of crime, on the grounds as stated in its reasoning.

In doing so, there is no violation of law of logic and experience beyond the limit of free evaluation of evidence in violation of law of logic and experience.

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