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(영문) 대법원 2017.04.13 2016도13937
공공단체등위탁선거에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of this case’s facts charged (excluding the portion not guilty of the reasoning of the lower judgment) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds

2. On the grounds of the prosecutor’s appeal, the lower court, based on its stated reasoning, acquitted the Defendants on the grounds that all of the facts charged in the instant case, including each public organization, etc., due to the provision of KRW 500,00 and the number of copies, did not prove any crime.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is justifiable, and contrary to the allegations in the grounds of appeal, the court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons 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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