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(영문) 대법원 2017.04.13 2016도19380
공공단체등위탁선거에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

It is a matter of the court's discretion whether or not to resume the arguments that have been adopted or closed as evidence.

Therefore, even if the court below rejected the defense counsel's request for resumption of the pleading after the closure of the pleading, there is an error of infringement of the defendant's right to defense in the litigation procedure.

subsection (b) of this section.

In addition, the argument that the judgment of the court below did not consider the reasons for sentencing is ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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