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(영문) 대법원 2017.7.18.선고 2017도6432 판결

공직선거법위반

Cases

2017Do6432 Violation of the Public Official Election Act

Defendant

A person shall be appointed.

Appellant

Prosecutor

Defense Counsel

Law Firm (LLC) B

Attorney C, Y, D, AF

Judgment of the lower court

Busan High Court (Chowon) Decision 2017/11 Decided May 1, 2017

Imposition of Judgment

July 18, 2017

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the record, the lower court is justifiable to have determined that there was no evidence of crime as to the conjunctive facts charged in the revised charges of this case, and that the lower court acquitted the Defendant on the grounds of its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on election campaign for

Meanwhile, the prosecutor appealed to the acquittal portion of the judgment of the court below as to the primary facts charged of this case, but did not state the grounds for objection to the petition of appeal or the appellate brief.

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

Justices Park Jae-young

Justices Park Poe-young

Justices Kim Jong-il

Justices Kim Jae-hyung