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(영문) 대법원 2021.3.25. 선고 2021도791 판결

공직선거법위반

Cases

2021Do791 Violation of the Public Official Election Act

Defendant

C

Appellant

Defendant

Defense Counsel

Law Firm Jung-won

Attorney Lee Ma-young, Ba-ju, Lee Chang-woo

The judgment below

Daegu High Court Decision 2020No380 Decided December 24, 2020

Imposition of Judgment

on March 25, 2021

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court upheld the judgment of the first instance court that convicted the Defendant of the instant facts charged. Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intentional act of violating the Public Official Election Act, conspiracy relation, awareness of illegality, and suspension

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

Judges

Justices Noh Jeong-hee

Justices Park Sang-ok

Justices Ansan-chul

Justices Kim Jong-hwan

심급 사건
-대구고등법원 2020.12.24.선고 2020노380
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