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(영문) 대법원 2015.06.11 2015도3207
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal on the failure to record the study period

A. The summary of this part of the facts charged is as follows: “Defendant was elected as C’s Council member at the sixth local election on June 4, 2014, and on May 21, 2014, at the Chungcheongbuk Election Commission, submitted 7,400 copies of the election campaign bulletin and 70 campaign posters to the C election commission, which stated only “a person who was elected as C’s Council member at the sixth local election on May 21, 2014,” without stating the education period in the educational column, and submitted 7,400 copies of the election campaign bulletin and 70 campaign posters to the C election commission, and thereafter, the C election commission sent 7,355 copies of the election campaign bulletin to the electorate, and had the C election commission attach 8 campaign posters in the election district, such as H elementary school document, and published false facts as to the academic background for the purpose of election.”

B. Judgment of the Supreme Court 1) A candidate (including a person seeking to become a candidate)

Article 250 (1) of the Public Official Election Act, which punishs the act of publishing false facts, shall be deemed to fall under the publication of false facts if it is not published in the manner provided for in Article 64 (1). Article 64 (1) of the Public Official Election Act, in cases where an academic background is inserted, it shall not be published except for the regular academic background and the academic background completed in a foreign educational course equivalent

In such cases, where a regular academic background is posted, where the name of the school at the time of graduation or completion is withdrawn, the period of study shall be entered together.

set forth in Section B.

"" is defined as ".

In the Public Official Election Act, strictly regulating the entry of educational background as above, the academic background is an important factor for the elector to select candidates, and it is intended to prevent the elector from being misunderstanding or misunderstanding about the academic background of candidates, thereby hindering the fair decision on voting.

In particular,

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