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(영문) 대법원 2018.1.24.선고 2017도18166 판결
공직선거법위반
Cases

2017Do18166 Violation of the Public Official Election Act

Defendant

A person shall be appointed.

Appellant

Defendant

Defense Counsel

Law Firm BL

Attorney BM, BN, and BO

Judgment of the lower court

Seoul High Court Decision 2016No4132 Decided October 25, 2017

Imposition of Judgment

January 24, 2018

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to have determined that the lower court found the Defendant guilty on the grounds stated in its reasoning. In so doing, it did not err by 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 act of offering money or goods by statutes or ordinances of local governments, which is an official act not considered as a contribution act under the Public Official Election Act, as stipulated in Article 112(2)4(a) or (b) of the Public Official Election Act, which is an official act not considered as a contribution act under the Public Official Election Act, the interpretation of the

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

Justices Park Jae-young

Justices Min You-sook

Justices Kim Chang-soo.

Justices Jo Hee-de

Justices Kim Jae-in

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