All appeals are dismissed.

The grounds of appeal are examined.

1. As to Defendant B’s ground of appeal

A. As to the ground of appeal No. 1, the crime of aiding and abetting candidates under Article 251 of the Public Official Election Act is established where a candidate (including a person who intends to become a candidate) by openly pointing out facts through a speech, broadcast, communication, newspaper, communication, poster, propaganda document, or other means, and slanders a candidate (including a person who intends to become a candidate), his spouse, lineal ascendant, descendant, or sibling, with the intention of getting elected or getting another person to be elected.

Meanwhile, in order to dismiss illegality pursuant to the proviso of Article 251 of the Public Official Election Act, the facts alleged in the statement should be considered as a whole and consistent with the truth. In light of its content and nature, it is objectively related to the public interest, and an actor also has the motive to indicate the facts for the public interest. However, even if the public interest is not a superior motive to private interest, both parties exist at the same time and there should be reasonableness

(see, e.g., Supreme Court Decision 2009Do1936, Jun. 25, 2009). The term "statement of fact" in the main sentence of Article 251 of the Public Official Election Act refers to the expression of opinion, the subject of value judgment or evaluation, and the term "statement of fact" in the main sentence of Article 251 of the Public Official Election Act refers to the report or statement of specific past or current facts, which is time and spatially specific, and its contents can be proved by evidence. The distinction between whether a statement is a fact or an opinion shall be made by considering the ordinary meaning and usage of the language, the possibility of proof, the context in which the given statement was used, the social circumstances in which the expression was made, etc., and if there is any mixture of expression of opinion and fact, it shall be determined by considering the whole, and