명예훼손
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the prosecutor of the court below found the defendant not guilty on the ground that the defendant's act was dismissed by illegality under Article 310 of the Criminal Act, and thereby adversely affected the conclusion of the judgment in light of the legal principles, although the defendant's major purpose of publicly expressing facts, such as the facts charged in this case, cannot be deemed to be for the public interest in light of the distance between the point where the defendant and D were in conflict and the point at which the matter of the apartment development fund was distributed.
2. The summary of the facts charged in the instant case is that the Defendant is the president of Changwon-si, Changwon-si, and D is a person appointed as the entire president of the said C Apartment from January 16, 2013.
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, such as 9, 3,200,000 won. On the other hand, the Defendant: (a) distributed a paper to 14 persons, including DC himself/herself; and (b) distributed it to 4,200,000 won; (c) as a matter of course, he/she should deposit it to the management office and treat it as miscellaneous income to include it in apartment assets, which are the common property of residents; (d) attempted to divide this money; and (e) put the paper “each case,” under the title A4 (hereinafter “the instant article”), stating the thickness of residents, and then damaged the reputation of each household by openly pointing out the fact that each of the instant 1, 3,000,000 won.
3. Examining the evidence duly adopted and examined by the lower court by comparing it with records, the lower court’s act of impairing a person’s reputation by openly pointing out facts is the Criminal Act.