A All appeals filed by the Defendants and prosecutor are dismissed.

A. The judgment of the court below that found Defendant A guilty of all the charges of violating the Act on Election of Public Offices due to publication of false facts, defamation of candidates, and distribution of documents by unlawful means on the following grounds is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles.

The argument is asserted.

Since the facts charged against the defendant in violation of the Public Official Election Act are all the elements of the organization, and the defendant does not clearly distinguish the facts charged and claim the reasons for appeal, the defendant's argument of reasons for appeal by issue of convenience is stated in the below.

A) The assertion that K does not constitute “a person who wishes to be a candidate” is excluded from H party nomination, failed to participate in the competition for the 20th National Assembly member election (hereinafter “instant election”). As such, K cannot be deemed to be “a person who wishes to be a candidate” as prescribed in Articles 93(1), 250(2), and 251 of the Public Official Election Act, since it renounced the election for the 20th National Assembly members.

B) The Defendant’s assertion that the specific fact is not a publication or market price is not a specific fact, and the content of the printed matter indicated in the facts charged (hereinafter “the instant printed matter”) is not a false fact, but a critical expression of the Defendant’s critical opinion about K’s political and non-legal ability, and that there was no awareness of falsity. (1) Even if the content of the instant printed matter constitutes a specific fact, the instant printed matter was planned to be installed in G in accordance with the AF comprehensive development master plan, the V Urban Development master plan, etc. in 2025.

N Center, P Museum, and R art gallery facilities were established in other areas during the term of 19 G National Assembly members, and they were confirmed to be established in other areas during the term of 19 G Assembly members. ② The commencement of construction works in W Sewage terminal treatment site, K's budget securing of KRW 5.3 billion, and the exercise of political influence for residents' opposing assemblies and public hearings to suspend public hearings were during the term of office, and ③ K was a construction of U complex.