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(영문) 대법원 2017.09.12 2017도6155

공직선거법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined Defendant B guilty of the instant facts charged.

In so determining, the lower court did not err by misapprehending the legal doctrine on “Posting” under Article 90(1)1 of the Public Official Election Act, contrary to what is alleged in the grounds of appeal.

The defendant asserts that Article 90 (1) 1 and 2, Article 91 (1), Article 93 (1), Article 255 (2) 4 and 5, Article 256 (3) 1 (h) of the Public Official Election Act is unconstitutional, but the defendant's assertion alone cannot be deemed unconstitutional. Thus, the above argument is rejected.

2. According to the records of Defendant A, D, E, and F, Defendant A, D, E, and F did not submit a written reason for final appeal within the period for submission of the written reason for final appeal (the reason for final appeal submitted by the defense counsel was received on August 18, 2017 after the expiration of the period for final appeal) and did not state the reasons for final appeal.

3. The Defendants’ final appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.