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(영문) 대법원 2018.8.30.선고 2018도9939 판결
공직선거법위반
Cases

2018Do9939 Violation of the Public Official Election Act

Defendant

1. A;

2. B

Appellant

Defendants

Defense Counsel

Law Firm (LLC) C (For the Defendants)

Attorney D, E

Judgment of the lower court

Gwangju High Court Decision 2017No241 Decided June 5, 2018 ( Jeonju)

Imposition of Judgment

August 30, 2018

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the judgment of the first instance court that convicted the Defendants of the facts charged. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine on “in relation to the contribution, donation, specific act, and election” in the third party’s contribution act, and by forcing any specific competition candidate to support a specific competition candidate.”

The allegation in the grounds of appeal that the amount of donation was not specified is not a legitimate ground of appeal, as it is alleged in the grounds of appeal that the above Defendants were the grounds of appeal or the court below did not consider it as being subject to

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

Justices Park Jae-young

Justices Lee Dong-won

Justices Cho Jong-hee.

Justices Kim Jae-hyung

Justices Min Min-young

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