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(영문) 대법원 2014.01.16 2013도5446
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of all the facts charged as to the demand for provision of money and valuables related to election campaign, the receipt of money and valuables, the contribution act relating to the stable competition, the contribution act by providing food, and the demand for a hotel letter or human rights donation.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the above determination by the court below is just and acceptable, and contrary to the defendant's grounds of appeal, there were no errors in the misapprehension of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, or by recognizing facts in violation

2. According to the reasoning of the lower judgment as to the prosecutor’s grounds of appeal, the lower court acquitted the Defendant of this part on the charge that the Defendant promised to provide D and V hotel betting tickets on the grounds of its stated reasoning, on the ground that there is no proof of crime.

In light of the relevant legal principles and records, the above judgment of the court below is just, and there is no violation of law of free evaluation of evidence by recognizing facts in violation of logical and empirical rules.

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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