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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment on the grounds of appeal by the Defendant in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have convicted the Defendant of the facts charged in the instant case (excluding the part not guilty of the grounds)
In the lower judgment, contrary to what is alleged in the grounds of appeal, 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 grounds for excluding illegality of a contribution act prohibited by the Act on Entrusted Elections, such as trial-oriented principle, direct psychological principle, and public organizations, etc.
2. On the grounds of the Prosecutor’s appeal, the lower court, on the grounds indicated in its reasoning, acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Act on Entrusted Elections, including public organizations, etc. due to door-to-door visits to cooperative members, BD, AK, AK, and Q among the instant facts charged.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.
As alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation due to violation of logical and empirical rules, or by misapprehending the legal doctrine on door-to-door visits prohibited by the Act on Entrusted Elections by Public Organizations, Etc.
On the other hand, although the prosecutor appealed against the entire judgment of the court below, the prosecutor did not state the grounds of appeal in the petition of appeal as to the guilty portion, nor did he state the grounds of appeal as to the notice 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.