명예훼손
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. The judgment of the court below which convicted the Defendant of the facts charged in this case is erroneous in the misunderstanding of facts and misapprehension of legal principles, since the facts alleged by the Defendant, or at least there are reasonable grounds to believe that the Defendant was a fact-finding, and for the public interest, illegality is removed.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion that the Defendant was not a false fact, it is reasonable to deem that the Defendant’s statement was a false fact.
A) The notice of non-prosecution by the prosecution was returned at the domicile of the victim, and the victim did not receive the said notice, and it does not constitute a fact that the victim did not take any measure even after receiving the said notice.
B) As the approval of rooftop waterproof construction and water supply pipeline replacement construction has already been granted at the tenant representative meeting, the construction project has been awarded a successful bid by the construction company, and the victim did not sign on the “Written Estimate sheet” with the content that the project was awarded by the specific company. It is not true that the victim rejected the approval of rooftop waterproof construction and water supply pipeline replacement construction for the purpose of opposing the construction project.
C) The chief of the management office delegated by the Defendant visited the victim’s house and sent the victim a text message demanding signature on the subsidies for replacing water pipes. However, the victim was in a foreign country from June 1, 2015 to June 13, 2015, and the victim did not sign the said subsidies even after the victim returned to the Republic of Korea.
(2) The person who suffered from the damage shall sign the subsidy.