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(영문) 대법원 2015.05.29 2015도3726
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning in light of the record, the lower court, which upheld the first instance judgment that acquitted the Defendant on the ground that the instant facts charged (excluding the part concerning the charge) constituted a crime, did not err by misapprehending the legal doctrine on defamation under Article 251 of the Public Official Election Act, contrary to what is alleged in the grounds of appeal

Meanwhile, although the prosecutor appealed against the entire judgment of the court below, there is no indication of the grounds for appeal as to the guilty portion, nor any statement of the grounds for appeal as to the grounds for appeal.

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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