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(영문) 대법원 2017.10.31 2017도7097
공직선거법위반
Text

All appeals are dismissed.

Reasons

1. The grounds of appeal by the defendant are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged (excluding the part not guilty of the grounds for appeal).

The lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of publishing false facts under Article 250(2) of the Election of Public Officials Act, contrary to what is alleged in the grounds of appeal.

2. The prosecutor's appeal is examined.

The lower court reversed the first instance judgment convicting Defendant on the ground that there was no proof of a crime, on the part of the facts charged of the instant case that “the content of the message was confirmed as F” was false.

The judgment below

Examining the reasoning in light of the record, the lower court’s determination is justifiable.

The lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of publishing false facts under Article 250(2) of the Election of Public Officials Act, contrary to what is alleged in the grounds of appeal.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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