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(영문) 대법원 2016.01.14 2015도17502
공직선거법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court determined that (1) the receipt of money by the Defendant from B constitutes a case where the recommendation of the candidate could affect the recommendation, and (2) the credibility of the statement made by B, which corresponds to the facts charged in the instant case, is recognized; and (3) the Defendant received money and valuables from B in relation to the appointment of members of the J City Council at the same time as the receipt of money and valuables by means that are not provided for in the Political Funds Act, and that the Defendant did not admit the conviction of the facts charged in the judgment of the lower court, and did not accept the

The allegation in the grounds of appeal is the purport of substantially disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment by the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, relevant legal doctrine as indicated in the lower judgment, and evidence duly admitted, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine on the degree of proof necessary for conviction and the burden of proof, admissibility and probative value of evidence, Article 47-2(1) of the Public Official Election Act, Article 45(1) of the Political Funds Act, and Article 4

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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