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(영문) 대법원 2019.10.31 2019도9500
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the lower court convicted Defendant A of the facts charged (excluding the part not guilty in the grounds of appeal) on the grounds as stated in its reasoning.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine regarding “election campaign”, “related election”, “contribution act”, “purposes to prevent a party from being elected”, “purposes to prevent a party from being elected”, and “false facts” and “an intentional act” in the crime of false publication of false facts, or by exceeding the principle of prohibition of analogical interpretation derived from the principle of no punishment without law, thereby affecting the conclusion of the judgment.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the facts charged (excluding the part not guilty of the order and the part not guilty of the grounds) as stated in its reasoning.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of an indictment only, by exceeding the bounds of the principle of an indictment only, by exceeding the bounds of the principle of an indictment only, by specifying the facts charged, by illegally collecting evidence and admissibility, by violating the principle of an indictment only, by violating the principle of an indictment only, by misapprehending the legal doctrine on election campaign, by “for election campaign”, “related to the relevant election,” “contribution act”, and by misapprehending the legal doctrine on subjects of

Defendant

B The sentence of the court below is more severe, and the restriction of the case in which Article 383 subparagraph 4 of the Criminal Procedure Act can be considered as the grounds for appeal is stipulated in the right of citizens to be tried by the Supreme Court.

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