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(영문) 대법원 2017.03.15 2016도10033
공공단체등위탁선거에관한법률위반등
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 B’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the lower court convicted Defendant B of the contribution act to BB and election campaigned by persons other than the candidate among the modified facts charged in this case

In so determining, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

In addition, the ground of appeal that the judgment of the court below erred by misapprehending the legal principles as to the failure to examine whether Article 70 of the Act on Elections of Public Organizations, Etc. is unconstitutional or the punishment of concurrent crimes is not a legitimate ground of appeal since the defendant asserts that the court below did not consider it as a ground of appeal or make it an object of judgment ex

2. Defendant A’s final appeal was not submitted within the period for submission of the grounds for final appeal, and Defendant A did not state the grounds for final appeal in the final appeal.

3. The lower court determined that there was no proof of a crime regarding the changed facts charged against Defendant A, and sentenced Defendant A not guilty of the grounds for appeal.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

The court below did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

4. Conclusion, the Defendants and the Prosecutor’s appeals against Defendant A are all dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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