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(영문) 대법원 2015.09.24 2015도11404

공직선거법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the facts charged of the Defendant’s guilty portion were recognized on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to reverse the judgment of the first instance that found the Defendant not guilty of the facts charged in the instant case on the grounds as stated in its reasoning and to have rendered a not guilty verdict. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the intentional act

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

참조조문