A. Inasmuch as misunderstanding of facts and misunderstanding of legal principles D have concealed C as a candidate for remuneration in North Korea, the content of text messages as stated in the facts charged by the Defendant (hereinafter “instant text messages”) was not false, but did not have any intention to publish false facts to the Defendant.

The judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. 1) Determination of whether a false fact constitutes a false fact as referred to in Article 250(1) of the Public Official Election Act refers to a matter that is inconsistent with the truth, and is sufficient if an elector has a cal structure to the extent that it can mislead accurate judgment of a candidate. However, in light of the overall purport of the published fact, where the important part is consistent with objective facts, even if there is a little difference from truth or somewhat exaggerated expression, it cannot be viewed as a false fact (see, e.g., Supreme Court Decision 2009Do26, Mar. 12, 2009). Whether a certain expression of false fact is expressed shall be determined based on the overall increase in the elector by taking into account the overall purport, objective contents, the ordinary meaning of the words used, the connection method of the words, etc., of the expression, as a whole, based on the overall increase in the number of electors recognized by the lower court or evidence (see, e.g., Supreme Court Decision 2016Do2332, Sept. 8, 2016).