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(영문) 대법원 2013.06.27 2013도5027
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty on the grounds indicated in its reasoning, excluding the remainder of the charge as below. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence

2. On the grounds of appeal by the prosecutor, the lower court reversed the judgment of the first instance that found the prosecutor guilty on the ground that the facts charged in the instant case constituted a case where the violation of the Public Official Election Act was not committed on August 21, 2012, and sentenced the Defendant not guilty.

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there is no error of law by misapprehending the legal principles on the crime of campaigning candidates

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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