The prosecutor's appeal is dismissed.

1. As to the summary of the grounds for appeal of this case, the facts charged of this case should be deemed guilty under the following circumstances. However, the court below erred by misapprehending the legal principles as to the crime of publishing false facts or making a judgment not guilty.

① At the time of changing the name of a political party from D party to Cparty, the entire amendment of the platform and basic policy was made, and the career of “C Party Busan City Party E” constitutes a factor to mislead the elector to correct the accurate judgment of the candidate. Thus, the act of the Defendant entered the name “C Party Busan City Party E” in the education and career column on the side of the name of the candidate constitutes “the false fact” as provided by Article 250(1) of the Public Official Election Act.

② In addition, it is difficult to view that the Defendant recognized that the above entry itself was false, and that the time of change of the name was over or dismissed in light of the Defendant’s long political activity experience, and that the period of service was not entered together, the criminal intent of the crime of publication of false facts under the above provision is sufficiently recognized.

(3) Furthermore, “the purpose of being elected or to be elected” as referred to in the crime of publishing false facts is sufficient if the crime of publishing false facts is recognized as being elected or to be elected, and in fact, the crime of publishing false facts is not required to have a direct effect on the election.

2. Determination

A. The summary of the facts charged in the instant case is a person who was recommended as a candidate for Cparty Council member of Busan Metropolitan City Council on June 4, 2014 and won in the 6th nationwide provincial 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 shall not be published or made public, in favor of a candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, so that he/she can be favorable to the candidate, with the intention of being elected or having another person elected.