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(영문) 대법원 2008.12.24.선고 2008도9621 판결
가.공직선거법위반·나.명예훼손
Cases

208Do9621 A. Violation of the Public Official Election Act

(b) Defamation;

Defendant

1. Doz (III), III

Seoul Residence

(In the event that the detention house is rewritten)

Seoul basic domicile

2. D. D. D., O.R.

Residential Ulsan

Reference domicile Incheon I

Appellant

Defendants

Defense Counsel

Attorney Park Jae-young (for defendant 1)

Judgment of the lower court

Seoul High Court Decision 2008No1393 Decided October 9, 2008

Imposition of Judgment

December 24, 2008

Text

All appeals are dismissed.

With respect to the permission of the defendant, 65 days out of the number of detention days after an appeal shall be included in the original sentence.

Reasons

1. We examine the Defendant’s ground of appeal.

The argument in the grounds of appeal is that the court below's whole right to evidence preparation and fact-finding is a tree.

In recognizing the defendant's guilty of the facts charged in the case, the first trial evidence maintained by the court below

In light of the records, there is no violation of the rules of evidence against the rules of evidence.

In addition, just mistake of facts that does not reach the violation of the rules of evidence is legitimate grounds for appeal.

shall not be eligible for such approval.

2. Defendant’s demotion, even after receiving a notice of receipt of the record of appeal, shall deliver the grounds of appeal within a legitimate period.

The grounds for appeal are not stated in the petition of appeal.

3. Therefore, all appeals are dismissed, and the number of days of detention after the appeal is filed against the defendant's permission.

Some of them are to be included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Yang Sung-tae

Justices Park Si-hwan

Justices Park Poe-young

Justices Kim Nung-hwan

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