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(영문) 대법원 2019.08.30 2018도3952
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty on the violation of the Public Official Election Act due to the violation of the Act on Contribution-restricted Act from November 25, 2015 to December 31, 2015, and found the Defendant guilty on the grounds of not guilty on the part of the violation of the Public Official Election Act due to the violation of the Act on Contribution-restricted Act, which is the primary charge for the period from January 1, 2016 to February 10, 2016, which is the primary charge of the violation of the Act on Contribution-restricted

The judgment below

Examining the reasoning in light of 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 free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the “relevant constituency”, “person who intends to become a candidate”, “person who intends to be a candidate”, “the act of gambling,” the purpose of being elected in the crime of violating the Public Official Election Act due to the purchase and inducement of understanding, the specification of facts charged, the order and method of deliberation on the ancillary facts charged, the permission of changes in indictment, the principle of non-defluence, the principle of prohibition of disadvantageous changes, etc.

In addition, the argument that the judgment of the court below erred in the collection procedure of currency and the statute decided as unconstitutional, is not a legitimate ground for appeal, since the defendant asserts that it was not the ground for appeal or the court below did not consider it as the subject of ex officio.

Furthermore, even if examining the record, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

2. As to the prosecutor’s grounds of appeal, the lower court, on the grounds stated in its reasoning, violates the Public Official Election Act due to publication of false facts, and violates the Public Official Election Act due to the violation of restrictions on contributions from January 1, 2016 to February 10, 2016.

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