Cases
Do 2013 10947 A. Violation of Public Official Election Act
(b) Honorary damage;
Defendant
A
Appellant
Prosecutor
Judgment of the lower court
Gwangju High Court Decision 2013 221 decided August 22, 2013
Imposition of Judgment
November 14, 2013
Text
The appeal shall be dismissed.
Reasons
The grounds of appeal are determined.
Examining the reasoning of the original judgment in light of the record, it is reasonable to maintain the judgment of the first instance that rendered a not-guilty verdict on the charge of violation of the Public Official Election Act among the facts charged in the instant case for the same reason as the judgment of the lower court, on the ground that there was no proof of the facts charged. On the contrary, it is unreasonable to maintain the judgment of the first instance on the ground that the facts charged in the instant case were not proven, and there is no illegality, such as violation of the logic and experience legal rules and deviating from the limitation of the free evaluation of evidence.
Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jae-young
Justices Kim So-young
Justices Shin Young-chul
Note Justice Lee Sang-hoon
Justices Kim Yong-deok