2017Do13104 Violation of the Public Official Election Act

A person shall be appointed.

Prosecutor

Law Firm B, Attorneys C, E, D, and F

G Law Firm, Attorneys H

Seoul High Court Decision 2017No850 Decided August 9, 2017

December 22, 2017

The appeal is dismissed.

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court reversed the judgment of the first instance that found the Defendant guilty on the charges of this case and sentenced the Defendant not guilty. Examining the reasoning of the lower judgment in light of the records, the lower court’s reasoning is somewhat inappropriate, but the lower court’s conclusion that acquitted the Defendant of the instant charges is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the statement of facts and willful negligence in relation to the crime of publishing false facts as provided in Article 250(2) of the Public Official Election Act, by exceeding the bounds of the principle of free evaluation of evidence in

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