Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (contested part of the crime) have been aware that L made a statement to the effect that L had employed N as a secret letter at the time of K’s assistance and oil tax for E. As long as L was also recognized as a fact that L received a phone call from K in connection with N’s assistance officer employment, the Defendant had no choice but to determine that L was employed as a secret letter for N’s National Assembly member’s bonus and employment was not irrelevant to K’s influence. Therefore, it is reasonable to deem that this part of the notice as “the exaggeration of expression” or “an evaluation opinion” rather than the publication of the false fact. Even if this is not so, according to the various circumstances seen earlier, according to the above various circumstances, the Defendant did not have been aware that this part of the notice was false since there was an objective circumstance to believe the facts stated in this part of the notice was true, and thus, the Defendant did not have been aware that this part of the notice was false.

B. The purpose of this part of the notice is that "N, who is an son of the K candidate, was employed as an assistant for the National Assembly member without endeavoring in the connection of K, which constitutes a publication of "fact" which is not a simple expression of opinion. In full view of the wording of the notice, the overall purport of this part, the purpose of the writing, the purpose of the notice, and the timing of posting, a crime of violating the Public Official Election Act and the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection (Defamation) in accordance with the publication of false facts is sufficiently established.

2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. In determining whether this part of the notice constitutes the publication of “facts”, it refers to the crime of publishing false facts under Article 250(2) of the Public Official Election Act.