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(영문) 대법원 2019.7.4.선고 2019도1441 판결
가.공직선거법위반·나.정치자금법위반
Cases

Do 2019 1441 A. Violation of Public Official Election Act

B. Violation of the Political Funds Act

Defendant

1. (a) A;

2. A. B

Appellant

Defendant 1

Defense Counsel

Law Firm (Limited) Co., Ltd. (for the highest one);

Attorney Lee Jong-nam, Lee Dong-won, Lee Dong-won, Lee Dong-won, et al.

Judgment of the lower court

Seoul High Court Decision 2018Do2067 decided January 17, 2019

Imposition of Judgment

July 4, 2019

Text

all appeals shall be dismissed.

Reasons

The grounds of appeal are determined.

1. As to Defendant A’s grounds of appeal

For the same reasons as the judgment of the court below, the court below affirmed the judgment of the court of first instance which convicted of the violation of the Act on Election of Public Officials due to the establishment of private organizations for the campaign of election among the facts charged in this case, the violation of the Act on Election of Public Officials due to the violation of the Act on Election of Public Officials, the violation of the Act on Election of Public Officials due to the violation of the Restriction on the Methods of Election of Election of Public Officials within Party 1,

Examining the reasoning of the original judgment in light of the relevant legal principles and evidence duly adopted, the lower court’s judgment did not err by misapprehending the legal principles on the establishment and exercise of intra-party competition, political fund fraud under the Political Fund Act, and joint principal offenders for public offering, etc., and by misapprehending the legal principles on the establishment and exercise of intra-party competition under the Public Official Election Act, political fund fraud under the Political Fund Act, and joint principal offenders for a crime, as otherwise stated in the grounds of appeal.

2. As to Defendant B’s appeal

Defendant B did not submit a written reason for appeal within the period of submission of the written reason for appeal, and Defendant B did not state the reason for appeal in the petition of appeal.

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Noh Jeong-hee

Justices Park Sang-ok

Justices Ansan-chul

Justices Kim Jong-hwan

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