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(영문) 대법원 2019.11.28 2015도14434
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the crime of violating the Public Official Election Act due to the violation of Article 60 (1) 4 of the Public Official Election Act, which generally prohibits public officials from election campaign, is not established in addition to the crime of violating the Public Official Election Act, where the head of a local government violates the Public Official Election Act, which provides for the methods and scope of individual election campaigns while running for the election campaign while maintaining the status as a candidate with a position

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on election campaign by public officials, as shown in the grounds of appeal.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief concerning the guilty portion.

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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