The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the part of the defendant's violation of the Public Official Election Act based on the publication of false facts, this paper argues that the defendant expressed his political opinion against the candidate, or that the specific facts are stated.

In addition, the Defendant did not have awareness that the content of the instant text was false at the time of committing the crime, and by posting the instant text, there was no “the purpose of preventing a candidate from being elected”.

The part of the charge of violation of the Public Official Election Act by slandering the candidate is whether the candidate slanders the F candidate, and it is not clear that the senior president slanders the F candidate, and it is not specified in the charge, and it cannot be viewed that the F candidate explicitly expresses specific facts.

It cannot be deemed that there was an intention to slander the F candidate against the defendant, and the defendant's act is true and illegal as it is about the public interest.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

가. 사실오인과 법리오해 주장에 관한 판단 ⑴ 허위사실공표에 의한 공직선거법위반 부분 ㈎ 구체적 사실의 적시 여부 공직선거법 제250조 소정의 허위사실공표죄에서 허위의 사실은 진실에 부합하지 않은 사항으로서 선거인으로 하여금 후보자에 대한 정확한 판단을 그르치게 할 수 있을 정도로 구체성을 가진 것이면 충분하지만, 단순한 가치판단이나 평가를 내용으로 하는 의견표현에 불과한 경우에는 이에 해당되지 아니한다

In determining whether a statement is a factual assertion or an expression of opinion, the ordinary meaning and usage of the language, the context in which the language in question was used, the possibility of proof, and the social situation in which the expression was made, shall be considered in mind of the legislative intent that guarantees the fairness of election.