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(영문) 대법원 2016.08.30 2016도8667
공공단체등위탁선거에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendants of the grounds for appeal on the grounds that there was no proof of crime regarding the facts charged (excluding the guilty portion) in the instant case.

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error of law by misunderstanding the legal principles on "election campaign" under the Act on Election Campaign by Public Organizations, Etc.

2. Examining the reasoning of Defendant D’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant D was guilty of this case’s charges (excluding the portion of innocence) on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of free evaluation due to violation of logical and empirical rules, or by misapprehending the legal doctrine on “election campaign” under the Act on Entrusted Elections by Public Organizations, Etc.

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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