The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In this paper, the misunderstanding of facts by the Defendant posted the H does not make the false information about the candidate since it was intended for the M of the unexpane, not the candidate D, who was going out of the G election.

The article posted on March 18, 2019 by the defendant is not intended for a specific person, but merely for a political reality in Korea.

The judgment of the court below that recognized the defendant's crime of publishing false facts as to D is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. In order to establish the crime of defamation by publicly alleging false facts regarding a mistake of fact, the victim must indicate the specific false facts. However, since a person’s name is not necessarily required to explicitly indicate false facts, if it is possible to find out whether a person’s name is designated as a specific person in light of the surrounding circumstances and the overall determination of the contents of the expression, the crime of defamation against the specific person constitutes the crime of defamation.

(See Supreme Court Decision 82Do1256 delivered on November 9, 1982, etc.). This legal doctrine also applies to the crime of publishing false facts under Article 250(2) of the Public Official Election Act, which is established by publishing false facts about candidates for the purpose of preventing election from being elected.

Based on its stated reasoning, the lower court determined that the Defendant published false facts about the candidate D.

Examining the evidence adopted and examined by the court below in light of the above legal principles, the judgment of the court below is just, and there is no error in the misapprehension of legal principles.

B. The Defendant has no record of punishment exceeding the same criminal history or fine, and the fact that the instant crime does not have a significant impact on the election result is considered favorable.

However, the crime of this case is committed.