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(영문) 대법원 2016.03.24 2016도1115
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant R’s appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts, misunderstanding of legal principles, etc. is not a legitimate ground for appeal.

2. As to the grounds for appeal by Defendant V, the lower court determined that all the charges against the Defendant were guilty on the grounds stated in its reasoning.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the first instance court, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the principle of trial of evidence, aiding and abetting, false perception, and the grounds for exclusion of illegality, as alleged in the grounds of appeal.

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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