The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. misunderstanding the facts and legal principles, ① the Defendant completed the first and second-year course of M High School (hereinafter “M high school”), received MM high school graduates and graduates certificates, and the Defendant has the status of M high school graduates before taking the procedure to revoke the Defendant’s graduation through a lawful procedure of M high level. Thus, it cannot be deemed that the Defendant’s publication of the contents of the Defendant’s statement or statement as stated in the facts charged in the instant case constitutes publication of “a false fact.”

(2) The defendant graduated from M. M.

As such, there was no awareness that the content of the Defendant’s publication was false, and it cannot be recognized as “purpose of election” under Article 250(1) of the Public Official Election Act.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

(a) No person who is a summary of the facts charged shall publish the false facts (in case where he publishes an academic background, including the case in which it is not published by the method as provided in Article 64 (1) of the Public Official Election Act) concerning the organization to which the candidate belongs, a specific person or specific organization, etc., such as the birth, family relation status, occupation and career of the candidate, etc., in favor of the candidate (including the person who wishes to be a candidate) in favor of the candidate by means of a speech, newspaper, communication, magazine

On November 9, 2015, the Defendant: (a) admitted to the J Party on November 9, 2015 and, at the same time, declared the passage of the 20th National Assembly member election to the K Party on December 15, 2015; and (b) registered as a prospective candidate for the J Party on December 15, 2015; (c) on March 13, 2016, upon the exclusion of Gongcheon as a candidate, the Defendant declared Lout on March 14, 2016 and registered as a candidate on March 25, 2016; and (d) thereafter, was elected in the 20th National Assembly member election implemented on April 13, 2016.

For the purpose of election, the defendant is not a third-year course in M.