공직선거법위반
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (a fine of 1.2 million won) is too unreasonable.
2. Determination
A. The Defendant’s defense counsel on the misapprehension of the legal principles added a misapprehension of the legal principle to the effect that “The property subject to reporting, which should be published on the second page of the election campaign bulletin, shall not be deemed to include the guaranteed liability,” when submitting a written opinion at the expiration of the period for filing the grounds of appeal, which
The defense counsel's assertion of the above legal principles is not a legitimate ground for appeal, but it is judged ex officio in order to guarantee the defendant's right of defense widely.
1) Book-type election campaign bulletins (including braille-type election campaign bulletins) in the presidential election, the election of the National Assembly members of local constituency, the election of the local council members of local constituency and the election of the head of local government under Article 65
(2) In submitting a statement of information on a candidate, the following (hereafter referred to as "information on a candidate" in this Article), as prescribed by Regulations of the National Election Commission:
A) The information disclosure data on a candidate shall be published on the second page, and the matters requiring a vindication regarding the information disclosure data on a candidate may be inserted with explanatory materials. In this case, the second page shall include only the information disclosure data on a candidate and the explanatory materials, and the contents of the information disclosure data on a candidate shall be the same as those inserted in the book-type election campaign bulletin.
The same shall apply to subparagraph 3 below;
(C) The open data on a candidate under Article 30(6) and Article 65(8) of the Regulations on the Management of Election of Public Officials shall be prepared in accordance with attached Form 17 (C). (A) An election district for open data on a candidate under attached Form 17 (C).
2. Property status and military service records; and