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(영문) 대법원 2013.10.24 2013도4869
공직선거법위반
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the evidence adopted by the court below in light of the relevant legal principles, it is justifiable to find the court below guilty of the facts charged of this case on the grounds stated in its reasoning.

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 the crime of aiding and abetting candidates under the Public Official Election

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where the court below rendered a sentence of death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the grounds that the sentence is too unreasonable.

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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