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(영문) 대법원 2015.11.26 2015도13525
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable in finding the Defendants guilty of the facts charged in this case (excluding the Defendant A’s acquittal portion) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment that acquitted Defendant A of the instant facts charged (excluding the part concerning the charge) on the grounds stated in its reasoning by deeming that there is no evidence of crime, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the

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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