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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding 1) The Defendant merely moved another person’s writing on another person’s tables into his/her blost, and did not conclude that the content was merely a suspicion that he/she was receiving H candidates at the time. Thus, it cannot be deemed that the Defendant published a false fact.
2) Since the content of the Defendant’s writing is based on a well-known statement of the author G, and there was a suspicion similar to that of the Internet and the press, there is a justifiable reason to believe that the Defendant believed it as a fact and to believe it.
3) The Defendant’s reproduction and publication of the instant text for the public interest purpose, such as verification of the presidential candidate and helping the people make a correct choice, and thus, cannot be deemed unlawful.
B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.
2. Determination:
A. 1) Determination as to the assertion of mistake of facts is sufficient if the “fact” referred to in the crime of publishing false facts under Article 250(2) of the Act on the Election of Public Officials in the relevant legal doctrine is sufficient, and the distinction between whether a certain expression is a statement of fact or an expression of opinion or abstract judgment is not simply distinction by the term of the former term used, but rather by the legislative intent that guarantees the fairness of election, in mind, all the circumstances surrounding such expression, namely, the ordinary meaning and usage of language, the entire contents of the expression, the context in which the expression in question was used, the context in which the expression in question was used, the background of expression, the other party, the possibility of proving the contents of the expression, the possibility of proving the contents of the expression and the candidate’s identity, etc. should be comprehensively determined.
In addition, opinion or evaluation is based on facts contrary to the truth.