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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (public prosecutor) was as follows: (a) the Defendant made the instant reply at the TV discussions of this case as follows; (b) it was clear that the content of the reply is false; and (c) it was perceived that the Defendant published false information.
Nevertheless, the lower court found the Defendant not guilty of the facts charged in this case on the ground that (i) the instant reply did not publicly announce the “F” for the purpose of preventing the F from being elected; (ii) even if the publication of the facts related to F was made public, its overall purport cannot be readily concluded to be false; and (iii) it is difficult to deem that the Defendant had a perception of publishing false facts.
In the lower judgment, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine on the crime of publishing false facts under the Public Official Election Act.
2. Determination
(a) No person who is a summary of the facts charged shall publish any false fact with respect to a candidate (including a person intending to become a candidate) unfavorable to the 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 being elected;
On June 13, 2002, the Defendant went out of the nationwide City/Do local election to which he belongs, and was elected as B-Gu local council member on May 31, 2006. On May 31, 2006, the Defendant went out of the Gu local election to which C-party belongs, but went out of the Gu local election to which he was elected. On June 2, 2010, the Defendant went out from the 5th local election to which C-party was elected to which he was first elected as B-Gu council member. On June 4, 2014, the Defendant went out of the 6th local local election to which he belongs, but went out of the Do local council member without charge, and on June 13, 2018, the nationwide local election to which the Do local council member was elected to the e-party head.
On the other hand, F is the head of the Gu on April 27, 2011.