The defendant shall be innocent.

1. Around March 18, 2017, the Defendant posted a false fact that, with respect to the primary election of the 19th President candidate for the 19th president of the Republic of Korea, the Defendant: (a) around March 18, 2017, at the hotel C in Seoul, by using smartphones; and (b) despite the fact that the 1st appointment order was E and 2nd F, the 1st appointment order was “1, F, 2, 3, 3, 4, H, 5th H, 5th H, 6, 6 J, 7, 8th K, 8th L, and 9th M party competition order” (hereinafter “the instant notice”).

As a result, the Defendant published false facts for the purpose of preventing the election of candidates H, I, J, G, and E from being elected among the persons passing the first competition in relation to the 19th presidential election of the D Party.

2. Defendant and his defense counsel’s assertion

A. At the time of the posting of the instant notice, six persons passed the first competition line already became final and conclusive at the time of the posting of the instant notice, and thus, the act of posting the notice is not likely to affect the competition.

B. The Defendant did not know that the instant notice was false, and thus did not have any intention.

(c)

Although it is not known that there was an objective in favor of the defendant in favor of the F candidates, there was no objective in preventing other candidates from being elected.

3. Determination

A. At the time when the notice of this case was posted as to whether it was not likely to affect the competition, the result of the first competition was fixed at the time when the notice of this case was posted, but the competition procedure for recommending the candidates for the last president, such as the second competition, was scheduled to continue, and thus, the notice of this case was posted at the time when it could not affect the competition.

Therefore, this part of the defendant and his defense counsel's assertion is without merit.

B. Whether or not recognizing the falsity is a false fact (1) The false fact as referred to in the crime of publishing false facts under Article 250 of the Public Official Election Act is a matter that is not consistent with the truth and is likely to cause the elector to correct the accurate judgment of the candidate (see Supreme Court Decision 2032, Feb. 20, 2003).