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(영문) 대법원 2017.05.17 2017도4054

공직선거법위반등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court affirmed the first instance judgment that acquitted Defendant A of the violation of the Public Official Election Act and the Political Fund Act regarding the allowances paid to Defendant A by the Election Affairs Board K among the instant facts charged, on the ground that there is no proof of crime, and determined that Defendant B was guilty of the violation of the Public Official Election Act regarding the allowances paid to Defendant B from the instant facts charged to the Election Affairs Board K, on the ground that there is no proof of crime, or that the violation of the Public Official Election Act was not a crime.

The judgment below

In light of the records, the above determination by the court below is just and there is no error in the misapprehension of legal principles as to the public offering as alleged in the grounds of appeal.

In addition, in light of the relevant legal principles, the court below was just in holding that election expenses paid by the Defendants in excess of the amount of election expenses limited announced by the G Election Management Committee was KRW 19,195,737, and there was no error of misapprehending the legal principles on the calculation of excess election expenses, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but the notice of appeal does not state the grounds for appeal, and there is no statement of the grounds for appeal.

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