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(영문) 대전고등법원 2015.05.06 2015노118
공직선거법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment of KRW 900,00 is too unhued and unreasonable.

2. The election campaign bulletin, which is an election campaign material, is a material that carries out the candidate’s campaign promises, personal information, property status, military service records, tax payment records, and criminal records, and is delivered to all electorates, and has considerable influence on the candidate’s choice, and among which criminal records are the most sensitive and important material in assessing the suitability of public service, such as the candidate’s quality and morality.

Nevertheless, the Defendant did not state his previous criminal records on the election campaign bulletin that he did not state his previous fine, but stated the false contents, which is not easy to see the nature of the crime in that it could distort the decision on the suitability of the public service for the candidates. Therefore, the Defendant should be held liable for the corresponding liability to him.

However, the criminal records of this case are criminal records of which the defendant was sentenced to a fine of KRW 4 million due to the violation of the Commercial Act in around 1996, and around 197, due to the violation of the Road Traffic Act. The criminal records of this case do not seem to have the intention of deceiving the person who has the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to exercise the right to vote by actively concealing the criminal records, the criminal records of this case were held open to the public through Internet newspapers before the election day. The criminal records of this case were held in public before the election day. The criminal records of this case did not have a relatively significant influence on the election due to the difference between the person who has been elected and the person who has a big vote, and it is difficult to evaluate that the criminal records of this case have damaged the fairness and transparency of the election to the extent that the punishment of invalidation of the election is to be sentenced, and all the sentencing conditions and methods of the

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