Furthermore, since the expressions or phrases written in the resident information written by the defendant are the contents that strongly slander the victim, the illegality of the defendant's defamation act cannot be seen as falling under the exclusion of illegality.

The judgment of the court below which acquitted the defendant shall be erroneous by misapprehending the legal principles.

2. Determination

A. The defendant's act of notifying the result of the victim's criminal facts and the disposition thereof through the resident's guide shall be deemed to be related to the interest and interest of the whole apartment residents as the fact that the truth is publicly announced about matters closely related to the public duties of the defendant, who is the head of the autonomous council, and in particular the legality

In addition, it can be seen that the principal motive of the defendant's act is for the public interest such as restoring the residents' trust in the business activities of the defendant such as the fund management of the residents' general meeting and providing accurate and useful information about the preliminary candidates for the election such as the Multilateral Self-Governing Council Chairperson.

In full view of the circumstances such as the main motive and purpose, content and nature of the statement, the scope and method of expression of the other party to the publication, the degree and value of damage to the victim’s reputation, and the victim’s awareness of the risk of defamation, it does not interfere with the evaluation as an act for the public interest.

Therefore, the illegality of the defendant's act in the facts charged is excluded in accordance with Article 310 of the Criminal Code.

(b) depths;