Whether the act of stating the curriculum and the period of study in falsity constitutes the crime of publishing false facts while inserting the history of learning other than the regular academic background recognized by the Education Act at the time of enforcement of the former Public Official Election and Prevention of Unlawful Election Act (amended by Act No. 5127 of Dec. 30, 1995) (affirmative)

The purpose of the amendment of Articles 64(1) and 250(1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election, which was amended by Act No. 5127 of December 30, 1995, is not to add a case where the name of curriculum and the term of study are not entered in a new subject of punishment when inserting the history of an open lecture other than a regular academic background recognized by the Education Act, but to make it clear that it is subject to punishment even though it is subject to punishment under the previous provisions prior to the amendment in such a case, it is somewhat unclear whether it is subject to punishment. Thus, when inserting the history of an open lecture or other curriculum other than the regular academic background recognized by the Education Act, "where the name of curriculum and the period of education are not entered" constitutes the crime of publishing false facts under Article 250(1) of the former Public Official Election and the Prevention of Unlawful Election, which was amended by Act No. 5127 of December 30, 195).

Article 250 (1) of the former Public Official Election and Prevention of Unlawful Election Act (amended by Act No. 5127 of Dec. 30, 1995); Article 250 (1) of the Public Official Election and Prevention of Unlawful Election Act

Defendant

Defendant

Daejeon High Court Decision 96No176 delivered on September 20, 1996

The appeal is dismissed. As to the criminal facts of the judgment of the court below, "Article 250 (1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election (amended by Act No. 5149 of Feb. 6, 1996)" shall be corrected to "Article 250 (1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election (amended by Act No. 5127 of Dec. 30, 1995)".

The grounds of appeal are examined.

1. Article 64(1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election (hereinafter "Public Official Election Act") amended by Act No. 5127 of December 30, 1995 provides that "career" shall be "career (in case where the public educational courses, other than the regular educational courses recognized by the Education Act, are included; hereinafter the same shall apply)", and Article 250(1) provides that "false facts" shall include false facts (in case where the public educational courses, other than the regular educational courses recognized by the Education Act, including where the name of the curriculum and the period of study are not stated)" shall not be deemed to be "where the public educational courses, other than the regular educational courses recognized by the Education Act, are published, it shall not be deemed to be subject to new punishment, but it shall not be deemed that the above revision of the Public Official Election Act does not constitute a case where the public educational courses are clearly stated under the premise that it is subject to new punishment, and thus, it shall not be deemed that the above revision of the Act does not apply to the aforementioned curriculum."

2. According to the reasoning of the judgment of the court below, the defendant has maintained the judgment of the court of first instance that found the defendant guilty of the act of entering the above graduate school management department and major course, and did not have graduated from the above graduate school management department and did not have completed the above graduate school management course, and did not have completed economics at the above graduate school. The defendant did not attend the three-day seminars held by the German D&D institute of Germany at the German D&D institute of Germany, and the above university did not have completed the East-gu E&D research course, and did not have completed the above research course but did not have completed the research course at the above university's educational background and career column of public relations poster for the purpose of election. The court below did not err by misapprehending the legal principles as to the defendant's act of expressing his personal career differently from the facts, and did not accept the judgment of the court of first instance as to the violation of Article 20 of the Public Official Election Act.

3. Therefore, the appeal shall be dismissed, and the relevant provisions of the Act on the Election of Public Officials and the Prevention of Unlawful Election (amended by Act No. 5149, Feb. 6, 1996) concerning the criminal facts of the judgment of the court below are clear that "Article 250 (1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election (amended by Act No. 5127, Dec. 30, 1995)" is a clerical error in Article 250 (1) of the Act on the Election of Public Officials and the Prevention of Unlawful Election (amended by Act No. 5127, Dec. 30, 1995). Therefore, the decision

Justices Park Jong-chul (Presiding Justice)