2013Do403 Violation of the Public Official Election Act

A person shall be appointed.

Defendant and Prosecutor

Law Firm B

Attorney J J

Busan High Court Decision 2012No660 decided April 3, 2013

June 13, 2013

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the charges of this case’s conviction were recognized on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the Public Official Election Act or by misapprehending

2. As to the Prosecutor’s Grounds of Appeal

Examining the reasoning of the judgment below in light of the records, the court below was just in finding the Defendant not guilty on the charge of offering money and valuables as stated in the annexed list of crimes (2) of the judgment below among the facts charged of this case on the grounds as stated in its holding, and there is no error of law by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles on the

3. Conclusion

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

Justices Kim So-young

Justices Shin Young-young

Note Justice Lee Sang-hoon,

Justices Kim Yong-deok