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(영문) 대법원 2017.06.29 2017도5782
공직선거법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court, based on its stated reasoning, acquitted Defendant B on the ground that the violation of the Public Official Election Act and the Punishment of Violences, etc. Act (joint injury) by assaulting a voting witness among the facts charged against Defendant B constituted a case where there is no proof of a crime, and upheld the first instance judgment that acquitted Defendant A of violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged against Defendant A.

In light of the record, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine on the public relations, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the guilty portion of the Defendants in the judgment of the court below, but there is no evidence of objection in the petition of appeal or the reasoning of appeal.

2. Review of the record on the grounds of Defendant B’s appeal reveals that Defendant B appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, a new assertion that Defendant B’s entry into a polling station is not permissible pursuant to Article 157(6) of the Public Official Election Act or an act of a political party and erred by misapprehending the legal principles on the scope of the place of the polling station, is not a legitimate ground for 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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