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(영문) 대법원 2013.04.26 2013도2448
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted as to the grounds of appeal by Defendant A, G, and H in light of the relevant legal principles, the lower court’s maintenance of the first instance judgment that found the Defendants guilty of each of the facts charged in this case on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the rules of logic and experience or by misapprehending the legal principles on the probative value of the crime or the election relation of the contribution act.

2. Examining the records in light of the relevant legal principles as to the grounds of appeal by Defendant M and N, it is just to maintain the first instance court that found the above Defendants guilty of the facts charged in this case on the grounds as stated in its reasoning, and there is no error of law by misapprehending the legal principles as to Article 135(3) of the Public Official Election Act, or by misapprehending the legal principles as to the grounds for rejection of illegality or responsibility, as alleged in the grounds of appeal.

3. Examining the prosecutor’s grounds of appeal, we affirm the judgment of the court of first instance on the ground that there is no proof of a crime against Defendant O among the facts charged in the instant case, and that the court below reversed the judgment and acquitted the Defendant. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the credibility of the witness’s statement or misunderstanding of facts contrary to the logical and empirical rules.

4. 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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