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(영문) 대법원 2013.2.28.선고 2012도14881 판결
가.공직선거법위반·나.정당법위반
Cases

Do 2012 14881 A. Violation of Public Official Election Act

B. Violation of the Political Parties Act

Defendant

1. (a) A;

2. A. B

Appellant

Defendant 1

Defense Counsel

C

Judgment of the lower court

previous High Court Decision 2010No369 decided November 21, 2012

Imposition of Judgment

February 28, 2013

Text

all appeals shall be dismissed.

Reasons

The grounds of appeal are determined.

Examining the reasoning of the judgment of the original court in light of the record, it is acceptable to acknowledge each guilty guilty of the facts of the indictment of this case against the defendant Eul among the facts of the indictment of this case against the defendant Eul (excluding the part of innocence against the defendant Gap) on the grounds as stated in the judgment of the original court, and it cannot be said that there is any illegality that affected the judgment, such as recognizing facts against the logical and empirical rules, or misunderstanding the legal principles on the objects, etc. of the act of donation under the Public Official Election Act, as alleged in the grounds of appeal.

The remaining grounds of appeal are asserted by the defendant only on the grounds of appeal, or on the grounds of appeal that the defendant did not consider it as the subject matter of the judgment below ex officio, and it does not constitute a legitimate grounds of appeal. In addition, even if examining ex officio, it cannot be said that the judgment of the original court was unlawful.

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

Jeju High Court Justice Yang Chang-soo

[Attachment-dae]

Justices Kim Chang-suk

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