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(영문) 대법원 2017.06.08 2017도4600

공직선거법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable.

In doing so, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, by misapprehending the legal doctrine on the crime of violating the Election Act by Publication of False Information, and by violating the principle of statutory punishment on

And the issue of whether closed arguments are resumed is the matter belonging to the court's discretion.

Therefore, after the closure of pleadings, the court below rendered a sentence without denying the defendant's application for resumption of pleadings and without resumption of pleadings.

No error may be found (see Supreme Court Decision 2005Do6503, Oct. 28, 2005, etc.). In light of the record, the lower court’s litigation procedure did not err as alleged in the grounds of appeal.

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