명예훼손
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant prepared with respect to E Co., Ltd. and I, a company managing D buildings, and the actual representative thereof, and distributed to the sectional owners of D buildings for the sake of the public interest of the occupants as a true fact, and thus, illegality is excluded in accordance with Article 310 of the Criminal Act. However, the court below erred by misapprehending the facts charged in this case.
2. According to the evidence duly adopted and examined in the judgment of the court below and the trial court, the defendant did not prepare a printed article based on objective grounds, and it is recognized that the defendant’s reputation was undermined by preparing and distributing a printed article different from the truth only on his own side or her own initiative without confirming the facts.
In addition, as long as the defendant committed defamation by publicly alleging false facts, Article 310 of the Criminal Act regarding the defendant's above act is not applicable to the defendant's above act, so the above argument by the defendant cannot be accepted.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.