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(영문) 대법원 2021.02.04 2020도13757
공공단체등위탁선거에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for appeal by Defendant A, the lower court convicted Defendant A of the facts charged on the grounds stated in its reasoning.

Examining the record in accordance with the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on “purpose of election campaign” under Article 58 of the Act on Commissioned Elections by Public Organizations, Etc., as alleged in the grounds of appeal.

The argument that the defendant's act in relation to the part of the advance election campaign constitutes grounds for excluding illegality is alleged as grounds for appeal, or that the court below did not consider it as the subject of judgment ex officio. Thus, it cannot be viewed as legitimate grounds for appeal.

B. Even if I examine, it is difficult to accept the foregoing argument as it is.

2. As to the grounds for Defendant B’s appeal, the lower court convicted Defendant B of the facts charged on the grounds stated in its reasoning.

Examining the record in accordance with the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on “the purpose of election campaign” as provided in Article 58 of the Act on Elections by Public Organizations, Etc. and “person who received money from the elector”, contrary to what is alleged in the grounds 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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