2016Do21232 Violation of the Public Official Election Act

1. A;

2. B

Defendants and Prosecutor

C Law Firm (For all the Defendants)

Attorney M, V, W, D

Seoul High Court Decision 2016No2409 Decided December 7, 2016

February 21, 2017

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 Defendants’ grounds of appeal

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendants guilty of the instant facts charged (excluding the part determined as not guilty on the ground at the lower court) on the grounds stated in its reasoning. In so doing, it did not err by failing to exhaust all necessary deliberations, 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 “the premises of subway stations” under the proviso of Article 60-3(1)2 of the Public Official Election Act (amended by Act No. 14556, Feb. 8, 2017; hereinafter the same).

2. Examining the Prosecutor’s grounds of appeal, the lower court was justifiable to have determined that Defendant A was not guilty of the violation of the Public Official Election Act regarding “the part in which Defendant A distributed name 84 directly from the front entrance of the subway J Station outside of the subway J Station” on the ground that there was no proof of crime. In so doing, the lower court did not err by misapprehending the legal doctrine on “the premises of the subway station” under the proviso of Article 60-3(1)2 of the Public Official Election Act.

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 Lee Sang-hoon

Justices Kim Jae-tae

Justices Jo Hee-de

Justices Park Sang-ok