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(영문) 대법원 2017.12.22 2017도14874
공직선거법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have found the Defendants guilty of violating the Public Official Election Act among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on “in order to influence the election” and “Posting” under Article 90(1)1 of the Election of Public Officials Act, as alleged in the grounds of appeal.

Meanwhile, the argument that the Defendants’ act, among the grounds for appeal, cannot be recognized as having an effect on election because they do not constitute election campaign, is not a legitimate ground for appeal as it newly asserts in the final appeal that the Defendants did not assert the grounds for appeal, or that the lower court did not make ex officio decisions.

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

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