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(영문) 대법원 2017.11.09 2017도12205
공직선거법위반등
Text

All appeals are dismissed.

Reasons

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

1. Examining the evidence duly adopted and examined by the court below and the first instance court on the grounds of the Defendants’ appeal, the court below is justified in finding the Defendants guilty of all of the facts charged in the instant case against Defendant A, including the fact that the exercise of false official document among the facts charged in the instant case against Defendant A was in violation of the Election Act, and the preparation of false official document among the facts charged in the instant case against Defendant B.

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the degree of proof to acknowledge guilty in criminal proceedings, the preparation of false official documents, and the intentional act in violation of the Election of Public Officials Act.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant A on the ground that there was no proof of crime, and sentenced Defendant B not guilty on the following grounds: (a) the preparation of false official document among the facts charged in the instant case against Defendant A; (b) the exercise of false official document among the facts charged in the instant case against Defendant B; and (c) the violation of the

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal doctrine on joint principal offenders.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the remaining convictions against the Defendants are not indicated in the petition of appeal or the reasoning of 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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