logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.06.11 2015도3953
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the reasoning of the lower judgment on Defendant E’s grounds of appeal based on evidence, the lower court found Defendant E guilty of violation of the Public Official Election Act due to the payment of party membership fees on behalf of the party members fee and violation of the Public Official Election Act due to the solicitation of supporters (excluding the part not guilty in the grounds of appeal), contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal doctrine on the restriction on contribution by a third party and competition campaign under the Public Official Election Act without exhaust all necessary deliberations, or by

In addition, among the grounds of appeal, the assertion that the payment of party membership fees is invalid as an act of unauthorized representation and that the election campaign is permitted by the Public Official Election Act, shall not be a legitimate ground of appeal, as alleged in the ground of appeal by Defendant E as the grounds of appeal or by the lower court’s decision that it is not subject to a judgment ex officio.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on Defendant E, the argument that the amount of punishment is unreasonable is not

2. Although examining the reasoning of the lower judgment on Defendant G’s grounds of appeal based on evidence, the lower court did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine on the restriction on contribution by a third party under the Public Official Election Act, or by misapprehending the rules of logic and experience.

3. As to the grounds of appeal by the prosecutor, the lower court is the violation of the Public Official Election Act due to the recruitment of the party members to rights against Defendant E and the invitation of Defendants E and QL from among the facts charged in the instant case.

arrow