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(영문) 대법원 2015.01.29 2014도7309
공직선거법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the facts charged in violation of the rules of evidence and the incomplete hearing, the court below held that the defendant exercised the right to guide and supervise the investigation of the National Intelligence Service staff member who was suspected of defamation against the specific candidates posted at the 18th presidential election on the Internet site, including the following: (a) although the evidence related to the facts charged was found in the 2nd computer, such as Nowon-gu voluntarily produced Nowon-gu, the above employee distributed news materials and announced the results of the interim investigation to the effect that there was no suspicion; and (b) delayed sending news materials and the response of the results of the digital evidence analysis with intent to interfere with the subsequent investigation by the investigation team of the T police station; and (c) each of the facts charged in this case, including the reasons why the scope of analysis was set up by two computers such as Nowon-gu voluntarily submitted by the staff of the National Intelligence Service; (d) the process of determining the results of the analysis; (e) the process and contents of preparation of the report and press supporting materials; and (e) whether the defendant's response or the result of the investigation team's reply were not found.

The judgment below

Examining the reasoning in light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the misapprehension of legal principles, the election campaign stipulated in Article 58(1) of the Public Official Election Act is conducted.

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