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Cases
2018Do9299 Violation of the Public Official Election Act
Defendant
A person shall be appointed.
Appellant
Defendant
Defense Counsel
Law Firm B, Attorney C
Attorney D
Judgment of remand
Supreme Court Decision 2017Do13103 Decided February 28, 2018
The judgment below
Seoul High Court Decision 2018No792 Decided May 31, 2018
Imposition of Judgment
August 30, 2018
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s judgment that found the Defendant guilty of the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on election campaign under Article 256 (3) 1 of the Public Official Election Act, “in order to affect the election” under Article 90(1) of the Public Official Election Act, “other advertisements”, “other advertisements except as provided by this Act,” and “justifiable acts.”
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Kim Jae-hyung
Justices Cho Jong-hee
Justices Min Min-young
Justices Lee In-bok and Lee Dong-won