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(영문) 대법원 2019.10.31 2019도12177
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court acquitted the public prosecutor on the ground that there was no proof of a crime regarding the violation of the Public Official Election Act according to the public official’s exercise of influence (commercial publicity) as stated in the attached Table 1 through 6, 8, 11, 13, 14, 16, 18, and 20 of the facts charged in the instant case, on April 16, 2018, each violation of the Public Official Election Act due to the election campaign by public officials and the election campaign by public officials to use their status, and each violation of the Public Official Election Act due to the election campaign by public officials and election campaign by public officials on the election campaign by public officials

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 doctrine on “commercial promotion” under Article 86(1)1 of the Public Official Election Act.

The prosecutor also appealed the guilty portion of the judgment of the court below, but the appellate brief does not state the grounds for objection to this part.

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of the remainder of the charges except the aforementioned acquittal portion.

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 inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on “commercial promotion” and “political activities” under Article 86(1)1 of the Public Official Election Act.

3. 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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