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(영문) 대법원 2014.02.27 2013도15152

공직선거법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A asserted mistake of facts or misapprehension of legal principles as well as unfair sentencing, while appealed from the judgment of the first instance court on the grounds of appeal, but withdrawn the allegation of mistake of facts or misapprehension of legal principles on the date of the first trial of the lower court, and left the ground of appeal only as

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.

2. As to Defendant B’s grounds of appeal, Defendant B did not submit an appellate brief within the statutory period, and the petition of appeal does not contain any information in the grounds of appeal.

(1) In light of the aforementioned legal principles, the court below's decision on June 20, 201, which found Defendant C not guilty on the ground that there was no proof of the crime of violation of the Public Official Election Act due to the violation of the election campaign period and the violation of the restriction on contribution order on June 20, 2012 among the facts charged in this case against Defendant C, is justifiable, and there was no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to co-principal.

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