2016Do13937 Commissioned Elections Act by Public Organizations, etc.

1. A;

2. B

Defendant A and Prosecutor ( Defendants)

AB Law Firm (Attorney AC (for Defendant A)

Daegu District Court Decision 2015No2565 Decided August 17, 2016

April 13, 2017

All appeals are dismissed.

The grounds of appeal are examined.

1. As to Defendant A’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have found Defendant A guilty of the instant facts charged (excluding the part on acquittal of the reasoning of the lower judgment). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

For the reasons indicated in its holding, the lower court determined that the Defendants were innocent on the ground that there was no proof of crime regarding the violation of the Act on Entrusted Elections by Public Organizations, etc. due to the provision and waterway of KRW 500,000 among the facts charged in the instant case against the Defendants.

Examining the reasoning of the lower judgment in light of the record, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief.

3. Conclusion

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

Justices Kim Shin -

Justices Kim Yong-deok

Justices Kim Gin-young

Chief Justice Lee Ki-taik