2017Do6127 Violation of the Public Official Election Act

A person shall be appointed.

Defendant

Law Firm B

Attorney C, AK

Gwangju High Court ( Jeju) Decision 2017No11 Decided April 19, 2017

August 18, 2017

The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining 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 the Defendant guilty of the instant facts charged. In so determining, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intentional act of publishing false facts or the purpose of election under the

According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal may be filed on the ground of unfair sentencing. Therefore, in this case where a fine penalty was imposed against the Defendant, the allegation that the sentence is

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Chang-suk

Justices Park Young-young

Justices Lee B-Li-

Justices Kim Jae-hyung