(영문) 광주고등법원 2018.01.25 2017노531 | 리걸엔진

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(영문) 광주고등법원 2018.01.25 2017노531

공직선거법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. Determination on the prosecutor's assertion of mistake of facts

A. The court below found the Defendant not guilty of the facts charged, by misunderstanding the fact, although the alleged Defendant acknowledged the tear of the instant banner.

B. In a case where there is no new objective reason to affect the formation of evidence during the appellate trial’s trial process, and there is no reasonable ground to deem that the determination of evidence of the first instance was clearly erroneous, or that the argument leading to the acknowledgement of fact is considerably unfair due to the violation of logical and empirical rules, etc., the determination on the recognition of facts in the first instance deliberation shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court proven that the evidence submitted by the prosecutor based on the detailed circumstances in the item “3.” was proven to the extent that there is no reasonable doubt that the Defendant saw the banner of this case.

It is difficult to see

In light of the facts charged, the charges were acquitted.

In this part of the judgment of the court below, there is no reasonable reason to deem that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.

In addition, there is no new objective reason that may affect the formation of evidence in the trial process of the court. In light of the defendant's age, occupation, academic background, career, etc. recognized by the court below according to evidence duly adopted and investigated by the court below, there is no evidence of crime, and there is no motive for the defendant to commit the crime of this case.

The judgment of the court below is just and there are errors in the misapprehension of facts alleged by prosecutor.

subsection (b) of this section.

The prosecutor's assertion is not accepted.

참조판례

-대법원 2017. 3. 22. 선고 2016도18031 판결

유사 판례

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