Defendant

C shall be punished by a fine of 300,000 won.

Defendant .

A. The Defendants’ assertion of fact is merely a transfer of the contents written by Defendant B to the prosecution, and it is not a statement of false facts. The distribution of printed materials containing such contents by the Defendants is intended to prevent doubt regarding the performance of the duties of the occupant representatives’ meeting, and is based on the public interest purpose.

B. The sentence of the lower court’s improper sentencing (the amounting to KRW 500,000 per each of the Defendants) is too unreasonable.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, the lower court acknowledged the following facts and circumstances based on the evidence duly adopted and investigated by the court below, namely, ① the contents entered in the printed article distributed by the Defendants, which were stated by the prosecutor’s office, that “I would have used the status of an auditor and used the position of an inspector for a planned purpose, not only “sexuality,” but also recorded a record of several construction companies,” and (i) distribution of materials of the public hearing on June 8, 2015).” < Amended by Presidential Decree No. 26357, Jun. 8, 2015; Presidential Decree No. 26358, Jun. 23, 2015; Presidential Decree No. 26887, Sep. 23, 2015; Presidential Decree No. 26875, Sep. 14, 2015; Presidential Decree No. 26875, Feb. 2, 2015>