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(영문) 대법원 2016.12.29.선고 2016도13621 판결
공공단체등위탁선거에관한법률위반
Cases

2016Do13621 Commissioned Elections Act by Public Organizations, etc.

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

Law Firm T

Y, Zin Law Firm

Judgment of the lower court

Jeju District Court Decision 2016No38 Decided August 11, 2016

Imposition of Judgment

December 29, 2016

Text

The appeal is dismissed.

Reasons

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

Examining the reasoning of the judgment below in light of the evidence duly adopted by the court below and the first instance court, it is just to find the facts charged in this case guilty on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the principle of no punishment without the law and presumption of innocence, or by misapprehending the legal principles on the grounds of illegality under the proviso of Article 62 of the Act on Entrusted Elections by Public Organizations, Etc., or by misapprehending the principle of no punishment without the law and the principle of presumption of innocence, or by exceeding

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

Justices Park Jae-young

Justices Jo Hee-de

Note Justice Lee Sang-hoon

Justices Kim Jae-sik, Counsel for the defendant

Justices Park Sang-ok

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