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(영문) 대법원 2019.07.11 2019도6476
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on “to affect the election” in the crime of violating Article 93(1) of the Public Official Election Act and the Public Official Election Act.

In addition, the circumstance where the defendant asserts that the above provision of law is unconstitutional by infringing the freedom of expression.

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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