Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Of the facts charged of defamation by false accusation as provided in Article 307(2) of the Criminal Act, the facts charged of defamation by factual accusation as provided in Article 307(1) include the facts charged of defamation by factual accusation. Thus, in a case where the facts alleged by false accusation are charged of defamation by false accusation, if there is no proof of false accusation, the court may recognize the crime of

(See Supreme Court Decision 2007Do1220 Decided October 9, 2008, etc.). In the instant case, the prosecutor indicted the Defendant as the facts charged of defamation by false accusation, but the falsity of the facts alleged by the Defendant is not recognized, as seen below, as seen in the part of innocence. The above facts charged include the facts charged of defamation by factual presentation, and the conviction does not cause substantial impediment to the exercise of the Defendant’s right to defense even if it is found guilty. Thus, without the prosecutor’s amendment procedure, the prosecutor convicted the Defendant of defamation by factual presentation (excluding the part of the facts charged as of June 5, 2018) based on the evidence without the prosecutor’s amendment procedure.

On the other hand, when comparing the provisions of Articles 250(2) and 251 of the Public Official Election Act, Article 251 is added to the elements of “non-indicted 1,” and Article 251 is not included in the former. The proviso of Article 251 provides that “when the public interest is a serious fact,” and the defense act of the defendant can also be naturally different. Thus, in this case, which was prosecuted as a charge of violating the Public Official Election Act due to the publication of false facts, insofar as the falsity of the published facts is not recognized as seen below, this part of the facts charged shall be judged not guilty, and without the public prosecutor’s amendment procedure, the defendant's non-indicted 1, without the amendment of the indictment.