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(영문) 대법원 2013.4.11.선고 2013도1505 판결

공직선거법위반

Cases

2013Do1505 Violation of the Public Official Election Act

Defendant

1. A;

2. B

Appellant

Prosecutor (In respect of Defendants)

Judgment of the lower court

Seoul High Court Decision 2012No3223 Decided January 25, 2013

Imposition of Judgment

April 11, 2013

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the records in light of the relevant legal principles, we affirm the judgment of the court of first instance that acquitted the Defendants on the grounds that the facts charged in the instant case constitute a case where there is no proof of facts constituting the crime. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the prohibition of prior election campaign and contribution act under the Public Official Election Act or by misapprehending the legal principles as to the prohibition

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

Justices Park Jae-young

Justices Ko Young-han

Jeju High Court Justice Yang Chang-soo

Justices Park Byung-hee

Justices Kim Jae-tae

심급 사건
-의정부지방법원 2012.9.21.선고 2012고합393
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