A. misunderstanding of facts or misunderstanding of legal principles that the victim stated that "B only received 500,000 won as audit allowances at two times, and did not receive 300,000 won as audit activity expenses on June 10, 2008, and our apartment house paid activity expenses to the auditor when there is no provision on the payment of activity expenses in the name of the audit." It was not stated as stated in the facts charged in this case, and it is difficult to view that the defendant provided the victim's assertion, and it is also difficult to view that there was a criminal intent. Since the defendant did not receive 300,000 won under the name of "audit activity expenses" on June 10, 2008, the defendant did not indicate a false fact, and the defendant's act of speaking to protect the rights and interests of the resident of the apartment as above, and thus, the defendant's act of speaking solely with respect to the public interest under Article 310 of the Criminal Act is unlawful.

Therefore, although the facts charged against the defendant are not guilty, the court below found the defendant guilty. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (one million won of fine, etc.) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts or misapprehension of legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim, the representative D, E, and the head of the management office I, who attended the "ordinary meeting held by the council of occupants' representatives on October 27, 2010" held by the council of occupants' representatives at around 19:00 on October 27, 2010, shall be the auditor of the council of occupants' representatives as stated in the judgment of