208Do10555 Violation of the Public Official Election Act

1.(E);

Residence IT I

Jeonnam of the original domicile

2. C. .)

Gwangju residential CDESD

Jeonnam of the original domicile

Prosecutor (In respect of Defendants)

Attorney Lee In-bok and this C (For the Defendants)

Law Firm (For Defendant 1)

Attorney Lee In-bok, Counsel for defendant-appellant

Gwangju High Court Decision 2008Do301 Decided November 7, 2008

January 30, 2009

All appeals are dismissed.

We examine the grounds of appeal.

The conviction in a criminal trial ought to be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a conviction, even if there is a doubt of guilt against the defendant, it is inevitable to determine it as the benefit of the defendant.

The prosecutor's argument in the grounds of appeal is ultimately purporting to criticize the court below's fact-finding, which is a fact-finding authority, as to whether the defendant received cash provided from the defendants in connection with the election campaign of this case. The process of finding the defendants not guilty as to the facts charged of this case is examined in light of the records, and there is no violation of the Supreme Court precedents, violation of the rules of evidence, the principle of free evaluation of evidence, and the evaluation of probative value of evidence as otherwise alleged in the grounds

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

Justices Park Poe-young

Justices Yang Sung-tae

Justices Park Jong-hwan

Justices Kim Gi-hwan