The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 250(2) of the Act on the Election of Public Officials provides a punishment for a person who intends to be a candidate for a campaign speech, broadcasting, newspaper, communication, magazine, poster, propaganda document, or any other method, for “the purpose of preventing an election,” and Article 250(2) of the Act on the Election of Public Officials provides a false statement to be unfavorable to the person who intends to be a candidate. However, the defendant visited the H senior citizen center and made a statement to approximately 6-7 senior citizens in that place as stated in the facts charged. However, the defendant was for the purpose of explaining the erroneous contents of the H senior citizen center at the time, and the other preliminary candidate J was not “the purpose of preventing an election.” The defendant did not directly use a medium with strong radio wave, and the act was divided into talks with senior citizens. Thus, the defendant was equipped with an act equivalent to the above method as listed in Article 250(2) of the Act on the Election of Public Officials.

subsection (b) of this section.

Therefore, the judgment of the court below that the defendant's act constitutes Article 250 (2) of the Public Official Election Act is erroneous in the misapprehension of facts and legal principles.

B. The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of facts and legal principles 1) Determination on the assertion that there was no intention to prevent election, i.e., “the purpose of preventing election” in the publication of false facts as provided by Article 250(2) of the Election of Public Officials Act is sufficient if there is sufficient awareness that a candidate is unable to be elected by publication of false facts, and it does not require active desire or desire to cause such result.

On the other hand, the issue of whether there was such an objective is the social status of the defendant, personal relationship with the defendant, the defendant, the candidate or the candidate for competition, the motive, details and method of the act, the contents and form of the act, the nature and scope of the other party, and the social situation at the time