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(영문) 대법원 2014.02.13 2013도15648
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence adopted by the court of first instance, which was maintained by the court below as to Defendant D’s ground of appeal in light of the relevant legal principles, the court below’s finding Defendant D guilty of the facts charged in this case on the grounds as stated in its reasoning is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles on advance election campaigns and public relations relations under the Public Official Election Act.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal by the Supreme Court against Defendant D on the grounds that the amount of punishment is unreasonable is not allowed.

2. As to Defendant A and C’s appeal, the above Defendants did not submit the appellate brief within the statutory period, and the petition of appeal does not contain any information in the grounds of appeal.

Therefore, the appeal against the above Defendants shall be dismissed by the ruling under Article 380 of the Criminal Procedure Act, but the appeal shall be dismissed by the judgment en bloc with Defendant D’s appeal.

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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