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(영문) 대법원 2017.6.29.선고 2017도4879 판결
공직선거법위반
Cases

2017Do4879 Violation of the Public Official Election Act

Defendant

1. A;

2. B

Appellant

Prosecutor (In respect of Defendants)

Defense Counsel

C Law Firm (Defendant 1)

Attorney AC, D, AD, AE, AF

Judgment of the lower court

Busan High Court (Chowon) Decision 2017No12 Decided April 3, 2017

Imposition of Judgment

June 29, 2017

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Based on its reasoning, the lower court upheld the first instance judgment that acquitted Defendants on the grounds that all of the facts charged in the instant case did not have evidence of crime. Examining the reasoning of the lower judgment in light of the records, the lower court’s aforementioned determination is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine on “the purpose of recognizing facts beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

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

Justices Park Jae-young

Justices Kim Chang-suk

Justices Go Young-young

Justices Cho Jong-hee

Justices Park Sang-ok

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