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(영문) 대법원 2018.06.19 2018도5816
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s judgment that found the Defendant guilty of violating the Public Official Election Act due to purchase and understanding inducement on the grounds stated in its reasoning is justifiable as it is in accordance with the purport of the judgment of remand.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the bounds of free evaluation of evidence by violating logical and empirical rules, or by misapprehending the legal principles on the interpretation of “the elector” and “the statutory principle of punishment.”

In addition, the argument that the court below erred in violating the principle of balance of punishment and the principle of accountability is an unfair argument in sentencing.

In this case, only in a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, a final appeal is permitted, and in this case where a minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not legitimate.

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

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