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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant was elected on June 4, 2014 by being recommended as a candidate for Cparty Council members of Busan Metropolitan City Council in the 6th nationwide local election implemented on June 4, 2014.
A candidate, his/her spouse, lineal ascendant or descendant, career, property, personality, conduct, organization to which he/she belongs, etc. shall not announce or have another person publish false facts in favor of a candidate, his/her spouse, lineal ascendant or descendant, career, property, conduct, etc. in favor of the candidate through a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or other means,
From February 2, 2011 to July 201 of the same year, the Defendant entered the position of D Party E of the Busan City City Party, and distributed approximately 200 name cards to the electorates who were unable to know their names from the Busan City Party E of the Republic of Korea during the middle of March 2014, including the distribution of name cards stating the above false facts to G et al. who attended a group of friendship gathering at a restaurant where the trade name located in Busan City F of the Republic of Korea is unknown, and the Defendant distributed approximately 200 name cards to the electorates who could not know their names from the Busan F of the Republic of Korea during the middle of March 2014.
Accordingly, the defendant announced false facts about the defendant's career by using a name tag for the purpose of winning the election.
2. Determination
A. In order to establish a crime of publishing false facts under Article 250(1) of the Public Official Election Act, first of all, a false fact should be published. Here, a false fact should be found to be consistent with the truth, and the elector should have the concreteness to the extent that it can mislead the correct decision of the candidate.
(see, e.g., Supreme Court Decision 2007Do4294, Aug. 24, 2007). Moreover, since the fact that the publication of false facts constitutes the content of the elements of a crime of publishing false facts, it is deemed that the content of the actor’s intentional act is false.