The Defendant, from around August 1, 2010 to July 31, 2012, worked as the chairperson of the Goyang-gu council of occupants' representatives at the Goyang-gu Seoul Metropolitan City council of occupants' representatives, and the victim D (the elected on July 12, 2012, and the confirmation of status as of April 24, 2014, the winning decision of the case of confirming status as of April 24, 2014) who was candidate for the chairman of the 7th committee of occupants' representatives, raised a suspicion of defective construction for the LED replacement work that was in progress at the time when the Defendant was working, and the Defendant, around March 18, 2013, raised a suspicion of defective construction on the above apartment bulletin board [the assertion that the period of redemption of LE Replacement project cost was not less than two years but not less than eight.2 years for the collection of LE Replacement project cost]. The accused, the complainant, the complainant, the residents of E, and the residents of this assertion, are subject to a summary of a fine of Gyeyang.”

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

2. According to the arguments and the judgment of the defendant, the defendant's statements in this court, the police statement of D, the defendant's statement of the defendant, the defendant's attached documents can be acknowledged that the defendant distributed the documents of this case as stated in the facts charged. Since the fact that the defendant is ordered to take a summary order due to defamation may infringe on social values and evaluation, the above act constitutes the elements of the crime of defamation against D.

However, if a person’s act by openly pointing out facts is true and solely for the public interest, it cannot be punished pursuant to Article 310 of the Criminal Act. The term “when a person’s act is related to the public interest” refers to the public interest when objectively viewed the alleged facts, and an actor also ought to subjectively indicate such facts for the public interest. In this regard, it is widely related to the public interest of the State, society, and other general public as well as to a specific social group or group.