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The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. The sentencing of the lower court (a fine of KRW 800,000) is deemed to be too unhued and unfair.
2. The Public Official Election Act was enacted to ensure that elections are held fairly in accordance with the free will of the people and democratic procedures.
In order to hold a fair election, it is essential that materials that can judge the quality and virtue of a candidate's public service performer, such as his occupation, academic background, criminal history, military service records, and property relationship, should be known to the right holder as they are.
Therefore, it is necessary to conceal facts about such matters or make false public announcements.
In particular, among them, the criminal records of candidates act as a major factor in the choice of candidates for voters (the Public Official Election Act requires the candidate to submit data on criminal records of a punishment of one million won or more when the candidate is registered, and requires the candidate to disclose the criminal records in the election campaign bulletin as an open data on candidates), and in the case of the election of local council members, the opportunity for the right holder to access information on candidates is relatively less than that of the election of National Assembly members or heads of local governments, and the election campaign bulletin stating information on candidates has a relatively significant impact on the candidate selection of the right holder.
However, the Defendant was punished by the use of violence, such as batherbing and fating fat and destroying bathers, while driving a fat. However, as the Defendant was punished in the course of a democratization movement demonstration, the Defendant was forced in the course of a democratization movement demonstration while serving as the head of the organization division of the G party branch of the F. F. President Park Jong-nam Party of the Republic of Korea in 97, stating that he/she was punished in the context of a democratization movement demonstration.