Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

A. The contents of printed materials posted by the Defendant misunderstanding of facts are not to indicate false facts, but to express simple opinions, and the Defendant did not have any intention to indicate false facts.

B. In light of the legal principles, the Defendant was dismissed in the position of the president of the tenant representative council and the Dong representative as the president of the resident representative council and the 103 Dong representative representatives of the resident representative council by force for the proper management activities and transparent management expenses of the resident representative council. In order to inform the illegality of the new representative election, the Defendant committed the same act as stated in the facts charged in the instant case, which is also consistent with the interests of C apartment residents, and thus, the Defendant’s act constitutes a justifiable act, and thus, is dismissed.

2. Determination

A. In the trial of the court below, the prosecutor applied for the amendment of a bill of amendment to the indictment in which the part of the facts charged against the defendant, “fluoring false facts” was changed to “fluoring false facts or by other fraudulent means,” and this court permitted this and changed to the subject of the adjudication, the judgment of the court below was no longer maintained

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake and misunderstanding of legal principles is still subject to the judgment of this court. Therefore, this paper examines the change of the provisions in this regard.

B. 1) Determination as to the assertion of mistake of fact: (a) In order to establish a crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act, the time when the statement was made should be considered to be false; and (b) as to whether the act of a statement of false facts constitutes a crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act, the Defendant should be aware that it was a false fact at the time when the statement of such fact was made. The foregoing legal doctrine also applies to the case where determining whether the act of a statement of false facts constitutes a crime of defamation by a distribution of false facts under Article 3