1. The lower court, based on the evidence presented by the prosecutor, publicly announced the false fact for the purpose of preventing the remainder of the candidates except for the E candidate from being elected, beyond the “purpose of having the E candidate elected” in the D election.

The judgment of the first instance, which acquitted the Defendant of the primary charges of this case on the grounds of insufficient recognition, was affirmed as it is.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on violation of the Public Official Election Act due to publication of false facts under Article 250(2) of the Public Official Election Act.

2. Preliminary facts charged;

A. Article 96(1) of the Public Official Election Act provides that no person may publish or report the results of a public opinion poll on election.

Article 252(2) provides that “A person who violates Article 96(1) shall be punished by imprisonment for not more than five years or by a fine not less than three million won but not more than twenty million won.”

“......”

This is a provision to ensure the fairness of election by punishing the act that affects the judgment of the elector by using the trust in the fairness of the public opinion poll.

The prior meaning of “distort” is “distort or misleading interpretation or misunderstanding of facts,” and the prior meaning of “distorting” is “nicking to what extent it does not fit to what see.”

The distortion of facts shall be made by means of expressing a fact that cannot be the whole truth by hiding a part of the fact, adding a false fact, or by making a exaggeration, leap or manipulating it.

Article 96(2) of the Election of Public Officials Act provides that “the representation of facts” and “the distortion of facts” are selected (Article 96(2)), and that “the distortion of facts” is not excluded (Article 8-6(4)). The meaning and usage of such distortions are as seen earlier, Article 96 of the Election of Public Officials Act.