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(영문) 대법원 2018.06.28 2017도14732
공공단체등위탁선거에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and records, the lower court’s judgment that found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning did not err by misapprehending the legal rules or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

In addition, Article 75 of the Act on Entrusted Elections by Public Organizations, etc., which applies only to the reasons pointed out in the grounds of appeal by the defendant, is unconstitutional, which infringes on the defendant's right to fair trial or the right to assistance of counsel in violation of the principle of excessive prohibition.

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

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