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(영문) 대법원 2018.03.13 2016도20388
공공단체등위탁선거에관한법률위반
Text

All appeals are 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).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant A’s appeal, the lower court’s determination that all of the charges of this case (including modified parts) against Defendant A were guilty on the grounds stated in its reasoning is justifiable.

In doing so, the lower court did not err by exceeding the bounds of free evaluation due to violation of logical and empirical rules, or by misapprehending the legal doctrine on the probative value of evidence, determination of the credibility of statements, and the meaning of contributions and election campaigns under the Act on Entrusted Election, including Public Organizations, etc. (hereinafter “Entrusted Election Act”).

2. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant B’s appeal, the lower court was justifiable to have determined that the instant facts charged against Defendant B was guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on the probative value of evidence and the judgment of credibility of statements.

3. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant C’s appeal, the lower court was justifiable to have determined that the instant facts charged against Defendant C was guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on the meaning of election campaigns stipulated in the entrusted election law.

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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