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(영문) 대법원 2018.02.08 2016도19546
공공단체등위탁선거에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the Defendants’ appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have convicted the Defendants of all the charges of this case (excluding the part not guilty against Defendant A) on the grounds stated in its reasoning.

In doing so, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the act of contribution under Articles 59 and 35(2) of the Act on Commissioned Elections, including public organizations, or by misapprehending the principle of presumption of innocence, or by omitting judgment of innocence, in violation of the rules of logic and experience and by exceeding the bounds of free evaluation of evidence in violation of the rules of logic and experience.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant A on the ground that there was no proof of a crime as to the violation of the Act on Entrusted Election, such as a public organization, etc. concerning election campaign, when the period for election campaign against Defendant A, among the facts charged in the instant case, and sentenced Defendant A not guilty

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on election campaign under the Act on Election Campaign for Public Organizations, etc., as alleged in the grounds 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.

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