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(영문) 대법원 2016.12.29 2016도13621

공공단체등위탁선거에관한법률위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the judgment below and the first instance court in light of the evidence duly admitted, it is just for the court below to find the Defendant guilty of the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the principle of no punishment without the law and presumption of innocence, or by misapprehending the legal principles on the grounds of illegality under the proviso of Article 62 of the Act on Election of Commissioned Persons including Public Organizations, such as the intention of falsity and public organizations, etc.

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