2015Do13525 Violation of the Public Official Election Act (Crimes of Partial Recognition against Defendant A)

Name: Crimes of Violation of the Local Education Autonomy Act, Partial Revision

Name: Violation of the Local Education Autonomy Act (Defendant B)

name of crime recognized: Violation of the Local Education Autonomy Act)

1. A;

2. B

Defendants and Prosecutor (Defendant A)

C Law Firm, Attorneys D, BG, and BH (for the Defendants)

Law Firm E, Attorney F (for the Defendants)

Busan High Court (Chowon) Decision 2015No166 decided August 26, 2015

November 26, 2015

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have found the Defendants guilty of the instant facts charged (other than Defendant A’s acquittal portion). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and 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 Articles 312(1) and 31

2. As to the Prosecutor’s Grounds of Appeal

Examining the reasoning of the judgment below in light of the records, it is justifiable for the court below to maintain the judgment of the first instance which acquitted Defendant A on the ground that there was no proof of crime regarding the facts charged (excluding the portion guilty) in this case, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence

3. Conclusion

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

Justices Kwon Soon-il

Justices Kim Yong-deok

Justices Park Poe-young

Justices Kim Jae-han