All parts of the defendant A and C shall be reversed.

Defendant

A In fines of 6,00,000 won, Defendant .

A. Defendant A (1) misunderstanding of facts and misapprehension of legal principles, and publication of false facts with the news report of this case

The judgment of the court below which found the defendant guilty of violating the Public Official Election Act due to the publication of false facts for the purpose of election, is erroneous in the misunderstanding of facts and legal principles.

2) The sentence sentenced by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

B. Defendant B and C (unfair sentencing) sentenced by the lower court (hereinafter “Defendant B”) to the punishment of KRW 2,00,000,000, Defendant C: fine of KRW 3,000,000 is too unreasonable.

2. Determination on Defendant A’s grounds for appeal

A. 1) Determination on the misunderstanding of facts and legal principles 1) “False fact” as referred to in Article 250(1) of the Act on the Election of Public Officials is sufficient if the term “a matter inconsistent with the truth” is a matter that is not consistent with the truth, and has the structure to the extent that it can cause the elector to make an accurate judgment on the candidate.

However, in a case where an important part is consistent with objective facts in light of the purport of the entire contents of the published fact, even if there is a little difference from the truth or somewhat exaggerated expression, it cannot be deemed as a false fact. Whether an expression is false or not should be determined based on the overall increase of the expression given to electors, comprehensively taking into account the overall purport of the expression, objective contents, ordinary meaning of the words used, connection method of the literature and the like, on the premise of an ordinary method of linking the said expression (see, e.g., Supreme Court Decision 2015Do1202, May 14, 2015).