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(영문) 서울고등법원 2018.03.28 2017노3504
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. At the time of the instant case, there was a perception that the Defendant would damage election posters.

2. At the lower court’s trial proceeding, the jury participated in the entire process of the examination of facts, such as examination of witness, and the preparation of evidence, such as the credibility of a witness’s statement, and the recognition of facts, were adopted in accordance with the jury’s unanimous opinion, and the verdict of innocence, which was issued by the unanimous decision, was adopted as it is in accord with the jury’s conviction of the full bench, and no further evidence submitted

According to the evidence duly adopted and examined by the court below, even though the poster in this case was removed due to the defendant's act, it is not sufficient to recognize it solely with the evidence submitted by the prosecutor as to whether the defendant was aware that the poster in this case was damaged at the time, and there is no other evidence. Thus, the judgment of the court below to the same effect is just and there is a error of misapprehending the legal principles as to the intentional damage to the poster.

shall not be deemed to exist.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.

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