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(영문) 대법원 2015.08.13 2015도5885
공직선거법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In a case where Defendant C’s ground of appeal only appealed against the judgment of the first instance on the ground of unfair sentencing, and the Defendant did not appeal on the ground of unfair sentencing, the Defendant cannot be deemed as the ground of appeal on the appellate judgment on the ground of mistake of facts, violation of the rules of evidence,

(See Supreme Court Decision 2009Do579 Decided May 28, 2009). According to the records, only the prosecutor appealed the judgment of the first instance on the ground of unreasonable sentencing, and the defendant did not appeal. The court below accepted the prosecutor’s appeal and rendered a sentence heavier than that of the first instance court against the defendant.

In this case, the argument that the court below erred in the rules of evidence, the misapprehension of legal principles, or the omission of judgment cannot be a legitimate ground for appeal.

2. Examining the Prosecutor’s grounds of appeal, it is justifiable for the lower court to maintain the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime as to the violation of the Public Official Election Act against Defendant A and Defendant B and the violation of the Political Funds Act due to the omission of accounting report, among the facts charged in the instant case, on the grounds

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

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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