On May 27, 2013, the Defendant convened a meeting on January 30, 2013, and received some signatures by distributing a paper to 14 persons, including DC himself/herself, 300,000 won and then distributing it to 4.2 million won. If the Defendant received an apartment development fund, he/she must deposit it to the management office and treat it as miscellaneous income and include it in apartment assets, which are the common property of residents, even though he/she would have attempted to divide this money into the apartment assets, the Defendant publicly damaged the victim’s reputation by openly inserting each item A4 paper (hereinafter “the instant printed article”) under each item of “each case,” stating the thickness of residents, and inserting each item of “each case,” which reads that he/she attempted to take food.

2. Determination

A. In order for an act of impairing a person’s reputation by openly pointing out facts to be dismissed and punished pursuant to Article 310 of the Criminal Act, it shall be related to the public interest when the alleged facts are objectively seen, and an actor shall also indicate such facts for the public interest. Here, the term “public interest” refers not only to the public interest of the State, society, and other general public, but also to a specific social group or the whole members thereof. The issue of whether it pertains to the public interest shall be determined by considering the various circumstances regarding the expression itself, such as the content and nature of the alleged facts itself, the scope of the counter-party to which the publication of the facts was made, and the method of expression.