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(영문) 창원지방법원 2020.09.11 2020노572
공공단체등위탁선거에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, in order for the defendant to go out as a candidate for the president of the association B, the court below found the fact that the defendant made a contribution in a manner that can be presumed to have made a contribution by the candidate C, in lieu of the awareness of the meeting for the Voluntary Crime Prevention Group, including the members of the association B, for the defendant's withdrawal as a candidate for the president of the association B association. Thus, the court below found the defendant not guilty of the facts charged in this case,

2. The lower court, on the grounds indicated in its reasoning, acquitted the Defendant of the instant facts charged on the ground that it is insufficient to recognize that the Defendant made a contribution by means of presumption that the Defendant was making a contribution for the sake of a candidate C, and that there is no other evidence to prove otherwise.

In light of the evidence duly admitted and investigated by the court below, the court below's finding the Defendant not guilty of the facts charged in this case is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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