명예훼손
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The gist of the grounds for appeal is as follows: (a) the victim is not eligible for the president illegally elected at the time and place specified in the facts charged of this case.
B. Return of the certificate of election.
A person who is a sound-friendly person of "(hereinafter referred to as "the instant speech") is not a defendant but Q.
The defendant made the above statement;
Even the defendant is not guilty in accordance with Article 310 of the Criminal Code.
2. Determination
A. The summary of the facts charged in the instant case is the 101 representative of the Busan Northern-gu apartment C, and was a candidate who was going to the president in an election of executive officers of the 8th residents representative council of the said apartment on December 22, 2013.
At around 19:00 on July 10, 2014, the Defendant heard about 40 persons, including 25 representatives immediately before the opening of a special meeting for the representatives of occupants, 10 residents, etc. in the office of the said apartment building D, while the victim E has not raised an objection to the result of the election or to investigate the illegality of the election process for a period exceeding 6 months after the special meeting for the representatives of occupants was elected as the chairperson from the above election, and even if the decision was not supported due to the invalidation or invalidation of the election of the representatives of representatives of occupants by the chairperson of the said apartment management committee, the Defendant did not have the eligibility for the illegally elected chairperson.
B. The victim’s honor was damaged by openly pointing out false facts by sound “The return certificate of election”.
B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court: (i) the victim, F, G, H, and I have made a concrete and consistent statement from the investigative agency to the court of the lower court as to the process during which the Defendant made the instant statement; and (ii) in particular, H was witnessing the meeting as a usual resident, who is not an officer of the occupant representative meeting, and thus, was present at the meeting.