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(영문) 대법원 2017.12.22 2017도15857
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of 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 that the modified facts charged against Defendant A were guilty on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the crime of publishing false facts under Article 250(1) of the Election of

2. As to Defendant B’s final appeal, Defendant B did not submit a written reason for final appeal within the submission period of the written reason for final appeal (limited to Defendant B’s submission of a written reason for final appeal by November 7, 2017, the submission period of the written reason for final appeal by November 29, 2017, which was the submission period for final appeal after receiving the written notice of receipt of records of trial on October 18, 2017), and Defendant B did not state the reasons for final appeal in the final 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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