No person shall publish false facts about the place of birth, status, occupation, career, property, personality, act, activity, organization to which he/she belongs, etc. of a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in favor of the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc., with the intention of getting elected or having another person elected, although the defendant attended a debate among candidates held by the F broadcaster in E as a living broadcast at around 19:00 on May 28, 2014, and then corrected N. P. P. P. P. S. § 62.5% at the last time when the total performance rate is less than the total performance rate."

However, the defendant's 18th presidential election campaigned by the Korea Nitstocheon Headquarters only 6.25% announced in February 2012, and there was no later correction from the Korea Nitstocheon Headquarters to 62.5% of the defendant's execution rate of the election campaigned by the defendant.

As such, the Defendant announced false facts by speaking that the Korea Nicestong Headquarters corrected the Defendant’s commitment performance rate to 62.5% for the purpose of winning D in the 6th nationwide local election.

2. Determination

A. The crime of publishing false facts under Article 250(1) of the Public Official Election Act requires the awareness that it is false as the content of the actor’s intentional act. The existence of such subjective perceptions requires the Defendant’s academic background, career, social status, and publication on the basis of the content and identity of the publication, the existence and content of explanatory materials, and the source of the fact expressed by the Defendant, as long as it is difficult to know or prove it outside due to its nature.