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(영문) 서울고등법원 2015.06.19 2015노898

공직선거법위반

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On June 4, 2014, the Defendant, on June 6, 2014, notified that criminal records should be stated in the “information disclosure data on candidates” of election campaign bulletins at preliminary candidates, briefing sessions for the National Assembly members of the Dong-dong Local Council (hereinafter “instant election”) and a candidate briefing sessions, and was well aware of the importance of such entry.

In addition, the defendant pointed out that he omitted the entry of criminal records in the draft election campaign bulletin of the defendant from C City Election Commission personnel D(hereinafter referred to as the "National Election Commission") personnel D.

In addition, the Defendant’s election campaign bulletin producer E shall temporarily withhold the printing work for the reason that it is necessary to review the contents of the election campaign bulletin, and did not deliver the election campaign bulletin to F by reflecting the Defendant’s previous conviction.

In full view of these circumstances, the defendant can fully recognize the fact that he intentionally omitted his previous record in the election campaign bulletin.

B. On the other hand, the Defendant did not take any measures even after confirming the omission of previous records in the election campaign bulletin and sent the election campaign bulletin to the electorate as it is. On the sole basis, the Defendant committed a crime that publicly announces false facts as to his career, etc.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant registered as a preliminary candidate on March 11, 2014 in relation to the instant election and registered as a candidate on May 15, 2014, and was sentenced to a fine of KRW 1,500,000 to a fine for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Jung-gu District District Court on August 22, 1997. However, on May 23, 2014, the Defendant submitted to the office of the election officer and the Eup/Myeon/Dong having jurisdiction over the constituency by stating “no corresponding” the open data on the election campaign bulletin as “no corresponding” and submitting 43,200 election campaign bulletins to each electorate on May 24, 2014.