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(영문) 대법원 2014.05.16 2014도1332
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found all of the facts charged in this case guilty on the grounds stated in its reasoning, and 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 against logical and empirical rules, or by misapprehending the legal doctrine on the crime of publishing false facts under Article 250

In addition, the lower court rejected the Defendant’s assertion that the Defendant’s act constitutes grounds for excluding illegality as an act within the freedom of expression by reversing the first instance judgment and rendering a judgment of conviction again.

Therefore, contrary to the allegations in the grounds of appeal, there is no error of law that affected the judgment.

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

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