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(영문) 대법원 2017.10.31 2017도10942
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 acquitted the charged facts of this case on the ground that there is no proof of crime.

The judgment below

Examining the reasoning of the judgment below in light of the record, the aforementioned determination is justifiable, and contrary to the allegations in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the specification of publication in the crime of publishing false facts under Article 250(2) of the Election of Public Officials Act.

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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