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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. As to the grounds for appeal by the Defendant, the lower court upheld the first instance judgment convicting the Defendant of violating the Public Official Election Act by means of prior election campaign among the facts charged in the instant case, on the grounds indicated in its reasoning.
The judgment below
In light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the fact that the lower court exceeded 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 violation of the Act on Election of Public Officials by virtue of prior election campaigns and the joint principal offender, etc., thereby adversely affecting the conclusion of the judgment.
2. Regarding the prosecutor's grounds for appeal
A. On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Public Official Election Act by publishing each false fact among the facts charged in the instant case.
The judgment below
In light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the violation of the Act on Election of Public Officials due to the publication of false facts, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.
B. Meanwhile, the prosecutor appealed to the entire judgment of the court below, but with respect to the violation of the Public Official Election Act due to a contribution act among the guilty portion and the acquitted portion, there is no specific reason for appeal in the final appeal and the reasons for appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.