2017Do14077 Violation of the Public Official Election Act, Political Funds Act

1. A;

2. E.

Defendants

Law Firm G, Attorney H (for Defendant A)

Law Firm BA, Attorney BB (for Defendant A)

Busan High Court Decision 2017No159 decided August 23, 2017

June 28, 2018

All appeals are dismissed.

The grounds of appeal are examined.

1. As to Defendant A’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to have found Defendant A guilty on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the scope of money and valuables, calculation of election expenses, burden of proof, etc., or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, without

2. As to Defendant E’s ground of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable to have determined that the lower court convicted Defendant E of all the facts charged (excluding the portion not guilty) 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 exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

3. Conclusion

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

Justices Jo Hee-de

Justices Kim Jae-tae

Justices Kim Jae-in

Justices Min You-sook, Justice Min You-sook