(영문) 대법원 2017.12.22.선고 2017도15613 판결

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have found all of the facts charged in the instant case guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the statute of limitations and public prosecution, the admissibility of illegally collected evidence and derivative evidence

Meanwhile, Article 58(1) of the Public Official Election Act does not violate the principle of clarity of the principle of no punishment without law (see Supreme Court Order 2007Hu232, Oct. 11, 2007) and Article 60(1)4 of the Public Official Election Act does not violate the principle of no punishment without law (see Supreme Court Decision 200456168, Jul. 28, 2006, etc.). Accordingly, the grounds of appeal related thereto cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.