All appeals filed by the Defendants and by the Prosecutor against Defendant A are dismissed.

Summary of Reasons for appeal

A. Although Article 250(2) of the Public Official Election Act cannot be applied to the publication of false facts related to Defendant A1’s misunderstanding of facts and misapprehension of legal principles, the application of the above provision by the court below is unlawful.

B) The Defendant urged explanation on the suspicion raised during the trial, but did not publish false facts.

C) Defendant was believed to be the above suspicion and there is a justifiable reason to believe that it was such suspicion.

2) The sentence sentenced by the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

B. Defendant B (1) misunderstanding of the legal doctrine (misunderstanding of the facts) merely believed that the content of the instant news report was true and distributed the news report data according to his direction without knowing that it was false or not, and thus, there was no intention to publish false facts.

2) The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

(c)

Defendant

C (unfair sentencing) The sentence (an amount of KRW 5 million) sentenced by the court below is too unreasonable.

(d)

The sentence imposed by the court below to Defendant A is too uneasible and unfair.

Judgment

A. Part 1 on Defendant A’s assertion of misunderstanding the facts and misapprehension of the legal doctrine is determined. A’s application of Article 250(2) of the Public Official Election Act (“1”) refers to the purpose of preventing the election from being held in an election for public office under Article 250(2) of the Public Official Election Act.

In addition, it is sufficient to recognize that the candidate is not elected by the publication of false facts, and it does not require the active desire or desire to bring about the result, and whether there is such purpose or not, shall be the social status of the defendant, the personal relationship with the defendant, the candidate or the competitor, the motive, method and method of the publication, and the act.