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(영문) 대법원 2015.10.15 2015도9162
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s appeal, Defendant A did not submit the appellate brief within the statutory period, and the petition of appeal does not contain any information in the grounds of appeal.

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant B was guilty of this case’s facts charged (excluding the part not guilty in the grounds of appeal) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical

3. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, it is justifiable for the lower court to have maintained the first instance judgment that judged the Defendants not guilty on the ground that the facts charged (excluding the part concerning the charge) of this case did not prove a crime. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of the grounds for appeal is found in the appellate brief.

4. 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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