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(영문) 대법원 2016.01.14 2015도16763
지방교육자치에관한법률위반
Text

All appeals are dismissed.

Reasons

1. As to Defendant V’s final appeal, the above Defendant did not submit a written reason of final appeal within the submission period of the written reason for final appeal, and the grounds for final appeal are not indicated in the final appeal.

2. Defendant D and T’s reasons for appeal (the supplemental statement of reasons for appeal submitted after the lapse of the period for appeal) should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the choice of evidence and probative value of evidence based on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, provided money and valuables as indicated in its reasoning to the head of each election liaison office with awareness and intent that the above Defendants would provide money and valuables that are not subject to the Public Official Election Act in connection with election campaign.

Based on the judgment of the court, we did not accept the grounds for appeal concerning mistake of facts or misunderstanding of legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, relevant legal principles, and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the provision of money and valuables and the criminal intent thereof, the lawful election liaison office, the election expenses, and the cost of operating cars, etc.

3. With respect to the reasons for the prosecutor’s appeal, evidence of probative value which makes it possible for a judge to have a conviction that the facts charged are true to the extent that there is no reasonable doubt.

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