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(영문) 대법원 2019.08.09 2019도7228
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court acquitted the Defendant on the charge of the violation of the Public Official Election Act due to publication of false facts among the facts charged in the instant case and the violation of the Public Official Election Act due to slandering candidates added at the lower court.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 the establishment of a crime of violating the Public Official Election Act

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

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

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