The sentence of punishment shall be suspended against the Defendants.

A. The defendants of mistake of facts or misapprehension of legal principles are the election management members of D main apartment (hereinafter referred to as the "main apartment"), and the written public notice used for the crime of this case was prepared by the Emergency Countermeasure Committee of the main apartment, but the defendant should be dismissed from the office of the president of the council of lessees' representatives, the president of the council of lessees' representatives, along with the written consent of the residents from 70% of the emergency Countermeasure Committee. Although they had the victim submit the written explanation, they had the victim submitted the written explanation, but the victim affixed the seal of the election commission in the written public notice. ① The written public notice written in the judgment of the court below is consistent with most true facts, ② the defendants did not have the intention to impair the reputation of the victim. ③ Even if the written public notice was stated in the written public notice, the false facts are stated in the above written public notice.

Even if the Defendants were to make and affix a written public notice by misunderstanding false facts as true facts and affixing a seal to the election commission for public interest, and even if the illegality should be avoided pursuant to Article 310 of the Criminal Act, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine that found the Defendants guilty of all charges of defamation and obstruction of business.

B. The sentence imposed by the lower court on the Defendants (each of KRW 1,000,000) is too unreasonable.

2. Determination

A. In a case where one act of spreading false facts ex officio determination constitutes defamation by spreading false facts under Article 314(1) of the Criminal Act as well as crime of interference with business through spreading false facts under Article 314(1) of the Criminal Act, the two crimes are in a mutually competitive relationship.

Supreme Court Decision 2005Do1023 Decided February 23, 2007