명예훼손
The prosecutor's appeal is dismissed.
1. According to the witness D and F’s statement of the gist of the grounds for appeal, the facts alleged by the Defendant are recognized to be false, and the illegality of the facts charged in the instant case is not dismissed.
Nevertheless, since the court below acquitted the defendant on the ground that the facts charged in this case constitute a case where there is no proof of crime, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion
2. The summary of the facts charged, around November 13, 2014, the Defendant, at the representative office of occupants under the jurisdiction of the resident apartment management office in Gwangju Mine-gu, Gwangju Metropolitan City, the victim D did not have any personally useful use of the apartment miscellaneous revenue. However, the Defendant publicly damaged the victim’s reputation by publicly saying, “D is at the seat of the representative office of occupants, including the representative office of occupants, and at the seat of nine members in charge of the election management of occupants, etc., “D uses the apartment miscellaneous revenue at will while the representative office of occupants, and so it is necessary to leave the office of the representative office of occupants.”
3. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the instant facts charged constituted a case where there is no proof of a crime.
① The president of the resident representative council D has not been based on the management rules but paid the expenses for the management of the meal and singing room. ② The miscellaneous income which has to be deposited and managed in the miscellaneous income passbook under the management regulations has been deposited in the general operating expenses in the passbook. ③ Even though apartment residents demanded the explanation of the above problems, D did not carry out any other explanation.
④ At the time of the instant case, the election management members of the occupants’ representative meeting including the Defendant were gathered in the office to discuss the dismissal agenda for D.
5. D has been responsible for the position of the president of the representative council of occupants of the apartment building for more than four years, and it shall be as follows. < Amended by Presidential Decree No. 26130, Feb. 4, 2015>