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(영문) 대법원 2014.07.24 2014도6435
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendants appealed against the judgment of the court of first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below erred by mistake of facts cannot be a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

Furthermore, even after examining the grounds alleged in the grounds for appeal ex officio in light of the evidence duly admitted, the lower court’s judgment that affirmed the first instance judgment convicting the Defendants of all the charges of this case, did not err by misapprehending the legal doctrine on prohibition of offering money, valuables and other benefits relating to election campaign as provided in Article 135(3)

(1) The Supreme Court Decision 201Do4014 Decided January 22, 2002 (see, e.g., Supreme Court Decision 2001Do4014, Jan. 22, 2002).

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