The defendant's appeal is dismissed.

1. The abstract of the grounds for appeal filed on April 5, 2018, which was later filed on April 5, 2018, shall be deemed to the extent that it supplements the grounds for appeal.

A. The contents of the article of this case misunderstanding of facts or misunderstanding of legal principles do not constitute any false fact except the subject of receiving money or valuables, and even if false facts are false, there was no intention to directly hear K’s testimony and to make the Defendant, who prepared the article, to have no awareness of false facts or to have no election.

Therefore, the charge of this case is not guilty.

Although the court below was guilty, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amounting to KRW 10 million) is too unreasonable.

2. Determination

A. 1) The Defendant asserted that the contents of the instant article were not false facts, and that even if false facts were to be discovered, the Defendant did not have an intention to prevent the Defendant from being aware of false facts or winning in the election.

In light of the following circumstances, the lower court acknowledged that the content of the instant article constitutes false facts, and at least the Defendant recognized that the content of the instant article was false, and had the intent to slander or prevent election from being elected.

The defendant's assertion was rejected in determining the above.

① On November 25, 2014, at the trial date of the Seoul Central District Court case No. 2014 High Gohap 1079, the Defendant heard K’s testimony, such as the content of “statement of testimony” in the attached Form, and drafted the instant article.

However, at the time K received money and valuables as a bribe of H billion won.

There was no testimony, and rather made a statement to the effect that “the person was employed as a staff member of Q or R who served as a representative of the political party.”