The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of facts) was aware that the Defendant was a false fact by posting a notice stating “F” as stated in the facts charged (hereinafter “the notice of this case”) and was also aimed at preventing the Defendant from winning a candidate D.

The court below found the Defendant not guilty of the facts charged of this case, but erred by mistake.

Judgment

No person of the summary of the facts charged shall publish false facts with respect to the competition candidate in a manner unfavorable to the candidate by means of a speech, broadcast, newspaper, communication, magazine, poster, propaganda document, or any other means, with the intention of preventing him/her from being elected in connection with the competition at the political party.

Nevertheless, on March 26, 2017, at the defendant's house located in the Daejeon Dong-gu, the defendant connected his/her page by using a mobile phone, and then, at the defendant's house located in the Daejeon Dong-gu, he/she posted a letter on his/her page by sharing it with the photograph of the candidate of the candidate for the party competition of the D E Party.

However, in fact, there is no fact that the candidate of D political party D has resigned in the course of the competition in the party or has supported the candidate of G competition.

Ultimately, the Defendant published false information to be disadvantageous to the candidate for the purpose of the defeat of the candidate D in relation to the intra-party competition to elect the candidate for the presidential election of the E Party.

In the crime of publishing false facts in relation to the defendant's perception that the notice of this case is false, it constitutes the content of the composition requirement. Therefore, it is necessary to recognize that it is false as the content of the actor's intentional act.

The existence or absence of such subjective perception is based on the content and identity of the publication, the existence and content of the explanation, the source of the fact that the defendant reveals, and the process of recognition, so long as it is difficult to know or prove it outside due to its nature.