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The judgment below
Of the attached list of crimes (1) the violation of the Public Official Election Act due to the publication of false facts listed in 1 each year.
Reasons
1. Summary of grounds for appeal;
A. The article posted by the Defendant (the same as the statement in attached Form 1) due to the publication of false facts constitutes a specific past or current fact-finding statement that far exceeds the trend based on the suspicion raised through the media, etc., and is not so.
Even if an opinion or evaluation shows any false fact in an indirect and indirect expression method, and thus, it can be recognized that a crime of violating the Public Official Election Act was committed due to the publication of false facts, the lower court erred by misapprehending the legal doctrine.
B. The article posted by the Defendant that violated the Public Official Election Act due to the candidate's non-election (the same shall apply to each item of the attached Table 2) includes some subjective evaluation or opinions, but the entire content thereof is not a simple expression of opinion, but a statement of specific fact. In light of the contents and the method of expression of the above article, it constitutes a defamation of E or its lineal ascendants and sisters. It can be sufficiently recognized that there was "the purpose of preventing the candidate from being elected" in light of the contents and the method of posting the article, and it can be deemed that E constitutes "the person who intends to be a candidate" in view of the fact that the time of posting the article and E were discussed as the candidate for the next-year presidential election, and therefore, it can be recognized that the crime of violating the Public Official Election Act due to the candidate's non-election, but the court below erred by misapprehending the legal principles of not guilty of this part of the facts charged.
2. Determination
A. In order to establish the crime of publishing false facts under Article 250 of the Public Official Election Act due to the publication of false facts and the publication of “facts” (a) the violation of the Public Official Election Act due to the publication of false facts, the public announcement of false facts should first be made.