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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The summary of the grounds for appeal is as follows: (a) the Defendant, at the time and place recorded in the facts of the crime as indicated in the judgment of the court below, made an implied consent of the chairman of the election management committee, the title holder of the public notice of this case, when preparing and posting the “additional registration of the same representative candidate and the public notice of scheduled election” (hereinafter “the public notice of this case”) and thus, (b) the Defendant did not have any intention to forge private documents; (c) and (d) the Defendant
2. Determination
A. According to the evidence duly adopted and examined in the lower court’s determination on the assertion of mistake of facts, the Defendant, as the head of the management office of the Gangnam-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”), announced the candidate registration that “E’s candidate examination was rejected on January 22, 2014 in the course of performing the election management of representatives from each Dong,” while conducting the election management of representatives from each Dong,” and that six election management members, including G, voluntarily hold a meeting of the election commission on January 23, 2014 and requested the Defendant to publish the above resolution to the effect that the Defendant would revoke the examination of the candidate of each Dong’s representative, including D, by holding a meeting of the election commission on January 23, 2014, and requested that the Defendant publicly announced the above resolution to the effect that D’s chairperson of the election management committee expressed his intention not to consent to the reexamination of the above resolution. However, the Defendant was elected by a majority of the members of the election management committee, and that the candidate’s total number of candidates, other than E’s members, was suspended from 16.