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(영문) 대법원 2019.08.09 2019도7227
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the grounds that there was no proof of crime regarding the violation of the Public Official Election Act concerning the publication of disposition of deficit among the facts charged in the instant case.

The judgment below

Examining the reasoning 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.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no statement in the petition of appeal or the appellate brief on the guilty part.

2. As to the Defendant’s appeal, the Defendant did not submit a statement of grounds for appeal within the statutory period, and the petition of appeal does not state the grounds therefor.

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

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