명예훼손
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is consistent with the truth (E team leader has not yet received merchandise coupons, and the remaining three team leader has been paid after October 16, 2009, and the procedure for selecting the victim as the head of the Tong violates municipal ordinances, etc.). Since the Defendant posted the notice in public interest thoughts, it does not constitute a crime under Article 310 of the Criminal Act.
2. Determination:
A. A. The summary of the facts charged in the instant case (1) around October 16, 2009, the Defendant: (a) did not interfere with the victim’s four Bans’ allowance for the said apartment in his own residence, which was located in YY 105 Dong 205, 205 around 16, 2009; (b) did not interfere with the victim’s four Bans’ allowance for the said apartment; (c) instead, the head of the Tong (D 106-702) who took up the allowances of the head of the Tong (D 106-702) using a vertical pension in the form A4, immediately resigns, and caused damage to the victim’s reputation by openly pointing out false facts on the elevator and bulletin board of the said apartment.
(2) 피고인은 2011. 9. 26.경 위와 같은 장소에서 사실은 피해자 D가 적법한 절차에 의하여 통장에 당선되었음에도 불구하고, "조례법을 어기면서 불법으로 통장된 D씨 주민들이 무섭지 않느냐. 동대표 후보자가 웬 말인가! 정말 강심장이구나 비행기소음 보상은(3월, 5월, 9월) 나온다고 반상회 개최했는데 소식이 캄캄, 숨쉬는 소리도 의문이구나."하는 내용의 게시물을 위와 같은 방법으로 작성한 후 부착함으로써 공연히 허위의 사실을 적시하여 피해자의 명예를 훼손하였다.
B. The gist of the judgment of the court below is the evidence duly adopted and examined, especially the witness D and E of the court below, the police interrogation protocol of the defendant, the investigation report (such as the appointment letter), the investigation report (Frelated telephone statement), and the CCTV screen data.