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(영문) 대법원 2018.8.30.선고 2018도9299 판결
공직선거법위반
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

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