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Cases
2017Do4491 Violation of the Public Official Election Act
Defendant
A person shall be appointed.
Appellant
Prosecutor
Judgment of the lower court
Seoul High Court Decision 2016Do3791 Decided March 17, 2017
Imposition of Judgment
June 8, 2017
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the charge of this case on the grounds that there was no proof of crime. Examining the reasoning of the lower judgment in light of the record, the lower court’s aforementioned determination is justifiable. 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 against logical and empirical rules, or by misapprehending the legal doctrine on
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 Park Young-young
Justices Kwon Soon-il