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(영문) 대법원 2020.10.29 2020도9069
공공단체등위탁선거에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court acquitted the public prosecutor on the charge of violation of the Act on Entrusted Election by public organizations, etc. due to contribution to F, I, and J among the facts charged in the instant case, on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on contributions as prescribed by the Act on Entrusted Elections

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of violating the Act on Entrusted Elections by Public Organizations, etc. due to the contribution act to G, H, K, and L on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on contributions and official acts prescribed by the Act on Entrusted Elections by Public Organizations, Etc., or omitting necessary judgment.

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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