The prosecutor's appeal is dismissed.

The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 800,00) is too unhued and unreasonable.

Judgment

Each of the crimes of this case is a case where the defendants published the false facts that the defendant had induced foreign capital of 14 trillion won at the time of H innovation assistant officials in the event of H innovation decentralization assistant officials and created 70,000 jobs in the election campaign bulletin while going out the 20th National Assembly members election, thereby hindering the correct judgment by having the voters evaluate the candidate's ability or past achievements, thereby impairing the fairness of the election.

At the time of the election campaign, the Defendant took the relief of “actual replacement of households” and took a major pledge to “the creation of direct employment and the expansion of related industries by attracting Samsung’s additional investment”.

In light of the fact that the economic pledge has a large influence on the choice of the voters, and the H Innovation decentralization assistant career was the main career supporting the Defendant’s ability to implement the said pledge among the various careers, the meaning of the pledge should not be denied at the option of the voters, notwithstanding the location and size where the above false facts are indicated.

Since the above commitment will attract an enterprise to Asan by negotiating with an enterprise with which the invitation is not confirmed, the right holder has experience in inducing foreign capital through dialogue with the enterprise by the defendant.

The defendant is highly likely to implement the above pledge because he/she believe that the above pledge is likely to be implemented.

The evaluation would have been conducted.

From 202 to the court of the court below, the defendant argued that from around 2002, the defendant from the investigative agency to the court of the court below, he provided IH branch with an idea related to attracting foreign capital, the main business of the defendant was inducing foreign capital, or the departure of the defendant from the Republic of Korea from the Republic of Korea to the Ethmar, Indonesia, Vietnam, etc. was for the resource development project, and that the publication was not false.

Accordingly, these circumstances are the same.