The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Even if the Defendant alleged the misunderstanding of facts or misapprehension of legal principles stated “the president of the total student of the D University in the Daegu North Korean District of D University” in the election campaign bulletin materials, etc., it is reasonable to deem that the important part is consistent with the objective facts and there is a difference in the detailed part, and thus, it cannot be deemed that the Defendant published false facts by stating false career experience.”

Even if the “false fact” was publicly announced, the Defendant heard the answer from the public official in charge of the senior officer, stating the “the fact that he/she served as the president of the Korean Federation,” and stated the above career in the Public Official Election Act. As such, there was no intention to publish the false fact to the Defendant, and there was no purpose of election.

The punishment (fine 800,000) imposed by the court below on the assertion of unfair sentencing is too unreasonable.

Judgment

(1) In order to establish the crime of publishing false facts under the former Act on the Election of Public Officials and the Prevention of Unlawful Election (amended by Act No. 7681 of Aug. 4, 2005), the crime of publishing false facts should first be published. Here, false facts should be published first, which is inconsistent with the truth and are sufficient if the elector has the concrete nature to the extent that it can cause an accurate judgment on the candidate, but it does not constitute merely an expression of opinion with simple value judgment or evaluation.

In addition, since the disclosure of false facts constitutes the content of the constituent elements in the crime of publishing false facts (see, e.g., Supreme Court Decision 2006Do731, May 11, 2006) and furthermore, it is necessary to recognize that the content of the actor's intentional act is false.

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