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(영문) 대법원 2013.09.12 2013도7721
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendants on the grounds that it is difficult to readily conclude that the said advertisement was aimed at affecting the election among the instant facts charged against the Defendants on November 29, 201.

Examining the reasoning of the judgment below in light of the records, the court below's decision is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors by violating the law of logic and experience or by misapprehending the legal principles on the act of posting advertisements by unlawful means under the Public Official Election Act

Meanwhile, although the prosecutor appealed to the whole of the defendant's case, the defendant did not state the grounds for appeal as to the guilty portion, and the appellate brief does not state the grounds for appeal.

2. As to the Defendants’ final appeal, the Defendants did not submit the appellate brief within the statutory period, and the petition of final appeal does not contain any information in the grounds of final appeal.

(2) As to the defendant, the appeal shall be dismissed by a decision under Article 380 of the Criminal Procedure Act; however, the prosecutor and the defendant shall be dismissed by a decision en bloc). Therefore, all appeals shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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