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(영문) 대법원 2016.10.27 2016도11343
공공단체등위탁선거에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable.

In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intention of advance election campaign.

In addition, the argument that the illegality of the defendant's act of publishing false facts in the grounds of appeal is excluded because it is for the public interest, is not legitimate grounds of appeal as it is alleged in the ground of appeal that the defendant did not regard it as grounds of appeal or the court below did not consider it as being subject

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

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