Cases
Do 2018 6604 A. Violation of Public Official Election Act
B. Violation of the Political Funds Act
Defendant
1. (a) A;
2. (a) F
Appellant
Defendant 1
Defense Counsel
I Q, a legal entity (for Defendant A)
Attorney IR in charge
Attorney Lee In-bok (for defendant F)
Judgment of remand
Supreme Court Decision 2016Do20658 Decided October 31, 2017
Judgment of the lower court
Busan High Court Decision 2017-623 decided April 18, 2018
Imposition of Judgment
July 20, 2018
Text
all appeals shall be dismissed.
Reasons
The grounds of appeal are determined.
1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court and the lower court, it is reasonable to find Defendant A guilty of the facts charged against Defendant A on the grounds as indicated in the judgment below. The lower court did not err by misapprehending the legal doctrine on the violation of each Act on Election of Public Officials due to the provision of money or goods related to election campaign or election campaign, and the violation of political funds law, as otherwise alleged in the grounds of appeal.
2. Examining the reasoning of Defendant F’s appeal in light of the evidence duly adopted between the first instance court and the lower court’s first instance court on the grounds of the original judgment, the lower court’s judgment convicting Defendant F of the facts charged against Defendant F on the charge of public prosecution (excluding the portion not guilty) on the grounds as indicated in its judgment is justifiable. In this context, the lower court did not err by misapprehending the legal doctrine on each public official election due to the receipt of money and valuables related to the hearing failure or advance campaign and election campaign, as otherwise alleged in the grounds of appeal.
3. Conclusion
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jae-young
Justices Ko Young-han
Justices Kim So-young
Jeju High Court Decision 205 Cho Jae-chul