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(영문) 대법원 2015.04.23 2015도1866
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on Defendant A’s grounds of appeal, the lower court’s determination that the Defendant was guilty of the facts charged in this case on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misunderstanding the legal principles on Article 250(2) of the Public Official Election Act.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the above defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. According to the record as to the grounds of appeal by Defendants B, C, D, and E, the above Defendants appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by mistake and misapprehension of legal principles cannot be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a fine is imposed against the above Defendants, the assertion that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

3. 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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