The prosecutor's appeal is dismissed.

1. On March 14, 2014, the prosecutor prosecuted the Defendant against the Defendant on the following grounds: “Defamation of a false fact’s publicly known statement”; “Defamation of a false fact’s publicly known statement”; and “Defamation of a false fact’s publicly known statement”; and “violation of the Agricultural Cooperatives Act” due to the inducement of the Defendant on July 18, 2014; and the lower court acquitted the Defendant of the entire facts charged. The prosecutor acquitted the Defendant of the entire facts charged. As the prosecutor filed an appeal only against each of the “the defamation of a false fact’s publicly known statement” and “violation of the Agricultural Cooperatives Act”, each of the above “the defamation of a false fact” was separated and finalized as it is.

2. According to all the evidence of the grounds for appeal, the Defendant was aware of the falsity of each “the point of defamation of false facts” among the printed matter as of March 14, 2014 and the printed matter as of July 18, 2014, and distributed the printed matter despite being aware that E would take place in the election for the president of the cooperative at the time, each “the point of defamation of false facts” and “the point of violation of the Agricultural Cooperatives Act” should be established. However, the lower court erred by misapprehending the legal doctrine that acquitted the Defendant of this part of the facts charged.

3. Determination

A. The summary of the facts charged is that the Defendant subscribed as D members in around April 1, 201, who was in office as D representatives from around April 1, 201 to the present date, and the victim E was appointed as the head of the Agricultural Cooperatives on February 14, 2010 and intends to become a candidate for the same agricultural cooperative head in the first simultaneous election for the re-election of the head of the Agricultural Cooperatives held on March 11, 2015, which was held on March 11, 2015.

No person shall defame a candidate (including a person who intends to become a candidate) by publishing a false fact by means of a speech, poster, or other means in connection with an election of executive officers or representatives of a local agricultural cooperative, or by publicly stating a fact.

1. March 1, 2014