The appeal is dismissed.

The grounds of appeal are examined.

1. As to the first ground for appeal, Article 250(1) of the Public Official Election Act provides, “A person who, for the purpose of being elected or having another person be elected, publishes or has another person publish or has another person publish false facts about the birth, status, occupation, career, property, personality, or activity of a candidate (hereinafter “candidate, etc.”) in favor of a candidate (including a person who intends to become a candidate; hereinafter the same shall apply in this Article) by means of a speech, broadcast, communication, newspaper, communication, poster, propaganda document, propaganda document or other means, and a person who holds a false fact for the purpose of distributing a propaganda document containing false facts, shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won.”

In this context, “career, etc.” refers to a candidate’s “career, academic achievement, degree, and punishment” (Article 64(5) of the Public Official Election Act), and in light of the provisions of Article 250(1) of the Public Official Election Act, “career” refers to a candidate’s major election information disclosed to the electorate pursuant to Articles 49(12) and (4)4 and 65(8)3 of the Public Official Election Act, which is recognized as a candidate’s performance and ability such as a candidate’s behavior or private work performance and affects the fair judgment of the elector (see Supreme Court Decision 2010Do16942, Mar. 10, 201). As such, “performance in arrears” refers to a candidate’s major election information that has an influence on the elector’s fair judgment, such as compliance spirit, morality, good faith, etc. during the process of performing tax liability, and thus constitutes “career”.

Examining the record in light of the above legal principles, the lower court, based on its reasoning, submitted election campaign bulletins to the electorate by the Defendant, who is a candidate for military election.