The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not post a notice on November 7, 2012, with the aim of preventing K preliminary candidates from being elected, but the content of the notice is difficult to be deemed false. Moreover, the Defendant did not recognize that the content of the notice was false.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. In the publication of the Prosecutor’s (i.e., mistake of facts and misapprehension of legal principles on November 5, 2012, the Defendant merely intended to defame K preliminary candidates and did not have any motive to indicate the facts for the public interest, and even though the Defendant’s act was written without any motive to indicate the facts, the lower court acquitted the Defendant on the ground that the Defendant’s act constitutes true facts and thus constitutes a case involving the public interest and thus, illegality is dismissed. In so doing, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (the fine of 2.5 million won) is too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court rejected the Defendant’s assertion on the same purport as the grounds for appeal in this case, on the grounds as indicated in its reasoning.

Examining the reasoning of the lower judgment in comparison with records, the lower court’s fact-finding and judgment are justifiable, and there is no error as alleged by the Defendant.

The defendant's ground of appeal is without merit.

B. (i) As to the prosecutor’s assertion of mistake of facts, the illegality is excluded pursuant to the proviso of Article 251 of the Public Official Election Act when the alleged facts conform to the truth and are related to the public interest. The alleged facts here conform to the truth.

The purpose of the whole content is important for examining it.