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(영문) 대법원 2014.04.30 2014도2129
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the Defendant’s grounds of appeal in light of the evidence adopted by the first instance court, the lower court’s finding the Defendant guilty of violating the Public Official Election Act of December 3, 2012 among the facts charged in the instant case on the grounds indicated in its reasoning is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles on crimes against the Public Official Election Act.

2. Examining the records in light of the relevant legal principles as to the prosecutor’s grounds of appeal, it is justifiable for the lower court to have acquitted the Defendant on the ground that the violation of the Public Official Election Act of November 28, 2012 and December 9, 2012, among the facts charged in the instant case, did not constitute a crime on the grounds that the lower court did not constitute a crime.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles on crimes against the Public Official Election Act.

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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