2019Do13416 A. Violation of the Public Official Election Act

(b) Violation of the Resident Registration Act;

A person shall be appointed.

Defendant and Prosecutor

Busan Law Firm

Attorney Jeong Jae-sung, and Park Jong-young

Attorney Hah-sik, Hawn

Attorney Jin-hun, Choi Jin-sung

Busan High Court Decision 2019Do270 Decided September 10, 2019

November 28, 2019

All appeals are dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Prosecutor’s Grounds of Appeal

On the grounds indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendants on the primary facts charged in violation of the Public Official Election Act on the grounds that there was no proof of crime. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, 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 property declaration, publication of false facts,

On the other hand, the prosecutor appealed the entire violation of the Public Official Election Act, but there is no statement in the petition of appeal or appellate brief concerning the remainder.

2. On the grounds of appeal by the Defendant, the lower court upheld the first instance judgment convicting the Defendant of the facts charged in violation of the Public Official Election Act. Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not exhaust all necessary deliberations, and did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on commission crime and quasi-performance crime, status of surety, criminal relationship, willful negligence and election purpose in violation of the Public Official Election Act due to publication of false facts, and the principle of prohibition of analogical interpretation, or by omitting judgment, etc.

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 Kim Jong-soo

Justices Lee Ki-taik

Justices Park Jung-hwa