A false fact shall not be published with respect to the place of birth, status, occupation, career, property, personality, act, organization to which he/she belongs, etc. in favor of a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means, for the purpose of election.

On September 2, 1994, the Defendant was sentenced to a fine of one million won by violating the Food Sanitation Act at the Seoul Central District Court on September 2, 1994.

Nevertheless, around May 23, 2014, at the Defendant’s election office located in Seoul H, the Defendant made an election campaign bulletin by stating that the information on candidates among the election campaign bulletins to be distributed to electors in connection with the election of the 6th nationwide local council members of the Seoul Metropolitan City City/Si/Gun election was “less” in the criminal records column for candidates 3. 3. 3. 3,855 copies of the above election campaign bulletin to be submitted to the E-gu election commission, and distributed to 475 absentee and 29,363 electors, respectively, on May 25, 2014.

Accordingly, the defendant published false facts about the candidate's career in favor of the candidate for the purpose of election.

2. Determination

A. Since it constitutes a crime of publishing false facts in the relevant legal doctrine, it is necessary to recognize that the matter is false as an intentional content of the actor’s contents. The prosecutor bears the burden of proof. The existence of such subjective perceptions is all the circumstances, such as the Defendant’s academic background, career, social status, timing of publication, and its objectively expected ripple effect, based on the content and identity of the facts disclosed, the existence and content of the materials materials, and the source and background of the fact revealed by the Defendant, as long as it is difficult to know or prove it outside due to its nature.