The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are the facts that the Defendant made a campaign speech at a public debate held by the candidate for the president of the Korea Agricultural Cooperative on February 17, 2012, which was held in the previous building of the Seoul National Agricultural Cooperative on the public forum of the candidate for the president of the Korea Agricultural Cooperative, and that “the dividend was not paid to employees and the bonus was not given to employees” (hereinafter “instant speech”).

① However, before the merger, DF did not distribute to its members from around 2002 to around 2004, and only distributed dividends to its members in around 2005. The bonus to its employees was paid only about 50% at the statutory minimum, but only about 650% at around 2005. Thus, it is difficult to view the instant speech as a somewhat exaggerated expression, and furthermore, it is not a content that defames F, a counter-party candidate.

② Furthermore, around 2005, the Defendant made the instant speech without knowing the fact that DCF distributed dividends to its employees, or without knowing the fact that DF had paid bonuses to its employees. Moreover, at the time of the speech, the Plaintiff stated the word “assumed” in the language “assumed,” but omitted it as a result of the tension at the time of the speech.

In light of these circumstances, the defendant did not have any awareness of false facts and candidate corruption at the time of the instant speech.

Therefore, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.

B. In consideration of various circumstances on the Defendant’s grounds of unfair sentencing, the lower court’s punishment (fine 2.5 million won) is too unreasonable.

2. Determination

A. (1) First of all, determination of mistake of facts and misapprehension of legal principles on the assertion that the instant speech cannot be deemed to be false or to be a content that defames a candidate, and false facts may be deemed to be inconsistent with the truth, and that the elector may make an accurate decision on the candidate.