명예훼손등
The judgment below
The guilty portion shall be reversed.
The sentence of sentence against the defendant shall be suspended.
The facts charged of this case.
1. Summary of grounds for appeal;
A. With respect to defamation among the facts charged of mistake of facts, the part that “the victim, who is the head of the apartment management office of this case, was removed from the 103 roof roof on the last day of the 103 Madroben Sl. typhoon,” which does not constitute false facts, does not mean that the Defendant did not recognize that it was false, and even if the contents of the above notice are false, the Defendant did not recognize that it was false, and the Defendant was for the public interest, such as promoting the management of apartment facilities and the prevention of recurrence of recurrence, and thus, the illegality is dismissed.
The judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of this part of the facts charged is as follows: (a) around September 22, 2012 to Oct. 6, 2010, the Defendant posted a printed article containing false information that “The Defendant did not fall under any erosion that the steel plate was laid down on the 103 roof of the last day of the typhoon B event,” thereby impairing the victim’s reputation by openly pointing out false information.
B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence in its judgment.
C. According to the records of the trial of the political party, around September 22, 2012 to October 6, 2010, the Defendant published the instant apartment site as the title “Name 36” in the name of the 36 apartment entrance glass door of the instant apartment site. The Defendant announced it in the press and broadcast for the long time that the 14, 15 typhoons ( Denmark, Boben) in the Republic of Korea, particularly in Jeju-do, are against the direct shock in Jeju-do, and KRW 3,100,000 per month.