beta
(영문) 대법원 2018.02.08 2017도10469

공직선거법위반등

Text

All appeals are dismissed.

The judgment below

Of the reasons, the “31,185,385 Won” of the 11st and 12th is “31,164,385 Won.”

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ final appeal, the Defendants did not submit a written reason for final appeal within the submission period of the written reason for final appeal, and the Defendants did not state the grounds for final appeal in the petition

2. On the grounds of the prosecutor’s appeal, the lower court acquitted the Prosecutor on the charge that the portion exceeding 31,164,385 won out of the violation of the Act on the Election of Public Officials due to the “Receipt of Money or Valuables Related to Election Campaign,” among the facts charged in the instant case, exceeds 31,164,385 won due to the violation of the Act on the Election of Public Officials due to the “excess of Election of Public Officials” and the transmission of text messages related to publicity, and the “excess of election expenses” due to the “excess of the reported deposit account,”

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine without exhausting all necessary deliberations as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. Since it is clear that there is any error in the reasoning of the judgment below as stated in the reasoning of the judgment below, it is decided to correct it in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices