The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the quality and eligibility of a candidate for public office is important not only in academic background but also in other qualities, such as the character, inclination, activity, etc. of the candidate, the defendant's knife without any evaluation of the candidate's personal character, tendency, activity, etc., and the fact that only the C preliminary candidate's weak academic background, which is the weak points of the C preliminary candidate, was slandered against the candidate by openly pointing out facts for the purpose of not making the candidate be elected as a candidate for public office, not for presenting materials to evaluate his qualification and eligibility, but for openly pointing out facts for the purpose of preventing the candidate from being elected as a candidate for public office. However, the court below erred by misapprehending the legal principles

Judgment

The court below, on the grounds indicated in its reasoning, determined that the contents of the instant blade, prepared and distributed by the defendant, are certain misunderstandings because it explicitly expresses the defendant's opinion that emphasizes the candidate's educational background, and that the whole is true in conformity with the objective facts. However, it is impossible to deny that the important part is a single useful material that can evaluate the candidate's quality and eligibility for public office, and that the defendant mentioned in the instant blade as a whole the academic background of the elected electronic, including the candidate for the election of National Assembly members as well as the candidate for the special election of the Si Council members, and that it is appropriate to increase the insufficient academic background because it shows that the candidate's insufficient academic background is good for him and that the candidate is making a great effort to improve the candidate's quality, rather than considering the final academic background of the elected candidate's graduation itself, it seems that the defendant emphasized the importance of interest and efforts to enhance the candidate's academic background in terms of improving the candidate's quality.