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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s grounds for appeal, the lower court’s determination that the Defendant was guilty of all of the facts charged in the instant case’s violation of the Act on the Publication of False Facts and the Election of Public Organizations, etc. due to Preliminary Election Campaign (hereinafter “Entrusted Election Act”) and defamations.
In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, by misapprehending the legal doctrine on free evaluation of evidence, by admissibility of evidence, by misapprehending the legal doctrine on Article 61(2) of the Trust Election Act, or by
The Supreme Court precedents cited in the grounds of appeal have different cases and are not appropriate to be invoked in this case.
2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the lower court to reverse the judgment of the first instance court that found the Defendant guilty on the ground that there was no proof of crime regarding the violation of the Act on Election due to purchase and inducement of understanding among the facts charged in the instant case, and to render a judgment of
In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on free evaluation of evidence.
On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.