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(영문) 대법원 2017.7.18.선고 2017도7403 판결

공직선거법위반

Cases

2017Do7403 Violation of the Public Official Election Act

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

Attorneys Y

Judgment of the lower court

Seoul High Court Decision 2017No593 Decided May 11, 2017

Imposition of Judgment

July 18, 2017

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Public Official Election Act due to the violation of the provisions, such as the prohibition of indecent speech and behavior inside and outside the polling station among the modified facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on

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

Justices Park Jae-young

Justices Kim Jae-hyung

Justices Park Young-young

Justices Kwon Soon-il

심급 사건
-서울고등법원 2017.5.11.선고 2017노593
참조조문