The defendant's appeal is dismissed.

1. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below, the summary of the assertion 1 that the defendant did not have the intention to prevent the election from being elected, although the defendant distributed the instant printed materials as indicated in the judgment of the court below, it does not have been distributed for the purpose of preventing the election of the G candidate. (2) According to the evidence duly admitted and examined by the court below, the printed materials of this case include the contents of raising various suspicions against the former president, i.e., the father of the G candidate, K, South Ha, and Habol N and O, which are the father of the G candidate, and thus, it is likely to have an impact on the election, not only on the election but also on the election of the G candidate. The defendant distributed the instant printed materials to many unspecified persons before the Jeju 18th presidential election day.

In light of the above circumstances, since the Defendant distributed printed materials that could have an unfavorable impact on social assessment as to G, his father, and sibling who was the President candidate of the F Party and F Party at the time when the 18th presidential election was held and the people’s political interest in the candidate was raised, it can be sufficiently recognized that the Defendant had the intention to prevent the Defendant from being elected at least in the 18th presidential election.

Therefore, this part of the argument by the defendant and his defense counsel cannot be accepted.

B. 1) In light of the purport of the argument that it is not a unconstitutional interpretation that infringes on the freedom of political expression guaranteed by the Constitution, on the premise that the lower court may punish all cases of “non-defluence” regardless of the factual content, even though it should be punished only for acts of slandering by pointing out facts regarding the privacy of the candidate in light of the statutory system of the Public Official Election Act.