2017Do13463 Violation of the Public Official Election Act

A person shall be appointed.

Defendant

Law Firm (LLC) E, Attorneys F, BK, BB, BC, and BD

Law Firm BE, Attorney BJ, BL, BI

Seoul High Court Decision 2017No1433 Decided August 23, 2017

November 14, 2017

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have determined that the instant facts charged were 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 exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the publication of false facts under Article 250(1) of the Public Official Election Act or

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

Justices Lee Ki-taik

Justices Park Poe-young

Justices Kim Jae-tae

Justices Kim Jae-in