The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, the Defendant is not a sports team for the E candidate, but a ② there is no false fact in the press dog, and ③ the report materials containing false facts are not prepared by the Defendant.

B. The sentence of the lower court (an amount of KRW 4 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. 1) The Defendant asserts that he/she is not an election campaign worker. The Defendant asserts that he/she is not an election campaign worker. However, the crime of publishing false facts under Article 250(2) of the Public Official Election Act is established where “the publication of false facts about the candidate, his/her spouse, lineal ascendant, descendant, or sibling is made disadvantageous to the candidate by means of speech, broadcast, newspaper, communication, magazine, poster, propaganda document, etc. for the purpose of preventing the election from being elected.” As such, the subject of the act is not restricted, even if the Defendant is not an election campaign worker for the candidate, the crime of publishing false facts does not affect the establishment of the crime of publishing false facts.

Therefore, the defendant's above assertion is without merit.

2) The Defendant alleged that there was no false representation in the public announcement of the fact that H candidates made an election campaign against H candidates, and that there was no false representation that H candidates demanded the election countermeasure committee members to make a voluntary resignation resolution. However, in full view of the evidence duly admitted and examined by the lower court, the Defendant demanded N’s resignation from the election countermeasure committee around April 10, 2016, by demanding the election countermeasure committee members to be accompanied by the City Council members and the Standing Committee members, and by making a written resolution of resignation resolution, even though H candidates did not have any strongly expressed that they were forced to resign from the election countermeasure committee members.