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The defendant shall be innocent.
Reasons
The grounds of innocence
1. No person who outlines the facts charged shall publish any false information about a candidate, his/her spouse, lineal ascendant or descendant, or sibling, in a manner unfavorable to the candidate (including a person who intends to be a candidate) by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from
At around 17:00 on October 27, 2012, the Defendant posted a false statement on his Twitter, stating, “A person who has been married is the mother for a period between the years to which he was unable to marry, or who has been about the period to whom she was immediately married, she was the head of the Dong-gu Savings Bank.” The Defendant also posted a false statement on his Twitter, stating, “A person who has been drinking for a period to which he was drinking as a fluor, as a fluor, by drinking as a fluor,” and the said statement was automatically linked to his fluor C, which is next to the Internet portal site.
Accordingly, the Defendant published false information about the person who wishes to become a candidate by communication or other means for the purpose of preventing the success of D, a person who wishes to become a candidate for the 18th presidential election.
2. The false fact under Article 250(2) of the Public Official Election Act refers to a false fact that is not consistent with the truth and that is sufficient enough to have the elector make an accurate judgment on candidates. However, in a case where the important part is consistent with objective facts in light of the overall purport of the published fact, there is a little difference between the truth and the truth in detail or some exaggerationd expressions.
Even if it is not a false fact, it cannot be viewed as false fact.
(See Supreme Court Decision 2009Do26 Decided March 12, 2009). In order to establish the crime of publishing false facts under Article 250(2) of the Public Official Election Act, it is necessary for a prosecutor to actively prove the fact that the public information is false, and the fact that the public information has no proof that it is true may constitute the crime.