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(영문) 대법원 2017.09.26 2017도12416
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant’s grounds of appeal, the lower court was justifiable in its determination that the lower court, on the grounds indicated in its reasoning, found the Defendant guilty of both the following: (a) the publication of false information on illegal credit cards and the 20th National Assembly member’s election campaign speech among the instant facts charged; and (b) the publication of false information on the payment of KRW 10 million for political funds through Facebook; and (c) contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of

2. Examining the reasoning of the lower judgment in light of the records, the lower court was justifiable to have determined that all of the facts charged (excluding the guilty portion) of this case did not prove any evidence of crime on the grounds stated in its reasoning. In so doing, 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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on “a false fact” under Article 250(2)

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, the prosecutor does not state the grounds of objection against the petition of appeal or the reasoning of appeal.

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

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