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(영문) 대법원 2019.11.28 2019도12767
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendant on the part of the violation of the Public Official Election Act due to the violation of the Restriction on Contribution Act, the violation of the Public Official Election Act due to prior election, and the violation of the Public Official Election Act due to prior election, and the violation of the Public Official Election Act due to publicity of the achievements of those who wish to be a candidate.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding 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 concept of "an act", failing to exhaust all necessary deliberations, thereby affecting the conclusion of the judgment, contrary to the reasoning and failing to exhaust all necessary deliberations.

The Prosecutor appealed the entire judgment of the court below, but did not state the grounds of objection in the petition of appeal or the appellate brief concerning the guilty portion.

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty on the part of the violation of the Public Official Election Act due to publicity of the achievements of those who wish to become a candidate in relation to the statement that “public officials are included in the “public officials” under Article 86(1)1 of the Public Official Election Act, and that the said provision applies to the head of a local government, and that the said provision also applies to the head of a local government, and that the said provision was paid KRW 24.1 billion out of KRW 50 billion among the charges of this case.”

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court’s judgment is logical and empirical rules.

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