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(영문) 대법원 2017.09.07 2017도9476
공직선거법위반
Text

The appeal is dismissed.

Reasons

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

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable.

In doing so, it did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the burden of proving the falsity of the publication of false facts under Article 250(2) of the Election of Public Officials Act, recognition of falsity and criminal intent, and “official vote” in the crime of publishing false facts under Article 250(2).

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

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