The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The punishment (fine 900,000) imposed on the defendant by the court below is too unfluent.

Judgment

The illegality of the defendant's entering false facts in the criminal records of election campaign bulletins as if he did not have any previous conviction is a highly dangerous act that could mislead the fair judgment of the voters.

As the defendant has served two or more times in the City Council members, it is highly likely that the candidate has failed to strictly handle the affairs related to the election campaign bulletin as a candidate even though he/she knows that the election campaign bulletin stating the candidate's career, etc. has a relatively significant impact on the candidate's choice because the right holder is given the opportunity to access the candidate's information.

On the other hand, however, there is no same criminal offense in relation to the defendant.

The defendant presented a candidate registration document to the election commission, and the criminal records in question were recorded properly.

The election commission in F City did not seem to have a significant impact on the result of the election by attaching a notice that the previous criminal records of a defendant were found to have been wrong before an election, and attaching a notice that the previous criminal records of a defendant were wrong at the entrance of a poster and a polling station.

In full view of all the sentencing conditions, including the Defendant’s age, family relation, criminal record relation, character and conduct, occupation, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the circumstance that the lower court left the lower limit of the recommended sentence as determined by the Supreme Court’s Sentencing Committee is unreasonable, and thus, the prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.