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(영문) 대법원 2017.8.23.선고 2017도8006 판결
공직선거법위반
Cases

2017Do8006 Violation of the Public Official Election Act

Defendant

A person shall be appointed.

Appellant

Prosecutor

Defense Counsel

Law Firm AL

Attorney AM, GI, GJ, GK

Judgment of the lower court

Daejeon High Court Decision 2016No384 decided May 15, 2017

Imposition of Judgment

August 23, 2017

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court, it is justifiable to reverse the first instance judgment convicting the Defendant on the ground that there was no evidence of crime regarding the distribution of documents by unlawful means, signature and seal for election campaign, and advance election campaign portion among the facts charged against the Defendant on the grounds stated in its reasoning, and to find the Defendant not guilty. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding conspiracy in co-principal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Ko Young-han

Justices Cho Jong-hee

Justices Kwon Soon-il

Justices Cho Jae-chul

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