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(영문) 대법원 2014.09.25 2014도6408
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence of Defendant A’s grounds of appeal duly adopted and examined by the lower court and the first instance court, the lower court is justifiable to have convicted Defendant A of all of the facts charged in the instant case on July 1, 2013, and of violation of the Public Official Election Act due to the violation of restrictions on contribution by Defendants Y and AB.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misunderstanding the legal principles on contributions or legitimate acts under the Public Official Election Act.

2. On the grounds of its reasoning, the lower court reversed the first instance judgment that found Defendant A guilty of the violation of the Public Official Election Act due to the violation of the Act on Contribution-restricted Act by Defendant A, among the facts charged in the instant case, by deeming that there is no proof of the crime, and acquitted all of the judgment of the lower court. ② The Defendants’ violation of the Public Official Election Act due to the violation of restrictions on the illegal use of each broadcast or newspaper among the facts charged in the instant case, and the violation of the Public Official Election Act due to Defendant B and Defendant C’s violation of the Act on the Contribution-restricted Act, and affirmed the first instance judgment that acquitted Defendant A of all of them on the grounds that

Examining the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on Articles 97(2), 113(1), and 115 of the Public Official Election Act, or failing to exhaust all necessary deliberations.

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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