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(영문) 대법원 2017.03.09 2016도10596

공공단체등위탁선거에관한법률위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted by the court below, the court below was just in holding that the lower court was guilty of all of the offenses Nos. 5, 6, 7, 8, 9, and 12 of the facts charged in the instant case (excluding the decision dismissing the public prosecution of the first instance and the part not guilty) on the grounds stated in its reasoning. In so doing, the court below did not err by misapprehending the legal principles as to the grounds for rejecting illegality, as alleged in the grounds for appeal.

2. Examining the reasoning of the lower judgment as to the prosecutor’s grounds for appeal in light of the record, the lower court’s judgment that found the Defendant guilty on the ground that there was no proof of crime as to the violation of the Act on Entrusted Elections, including public organizations, etc., 3 times the number of crimes No. 5 of the facts charged in the instant case as indicated in the lower judgment, is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation principle by violating logical

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