A. misunderstanding of facts and misunderstanding of legal principles1) The text written by the Defendant is a ambiguous description that can be interpreted as diverse interpretations, does not constitute a statement of specific facts, and does not constitute a “statement of facts” as a crime of defamation, since the content that the Defendant posted is not possible to prove is not a “statement of facts.”

3) The Defendant posted an article that criticizes that the victim, who is the chairman of the council of occupants’ representatives, raised an apartment management problem and did not solve it, and there was no purpose of slandering the victim because it was not false facts or for the public interest. However, the Defendant’s punishment (one million won of fine) sentenced by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. As to the assertion that a statement of fact is not a statement of fact, in the crime of defamation, the term “statement of fact” refers to a report or statement on the past or present facts in comparison with a statement of value judgment or evaluation, which means the time and space, and the contents of the statement can be proven by evidence. In determining whether a report or statement is a fact or an opinion, it shall be determined by considering the overall circumstances, such as the ordinary meaning and usage of the language, the possibility of proof, the context in which the speech in question was used, the social situation in which the expression was made, etc. (see, e.g., Supreme Court Decision 2010Do17237, Sept. 2, 201). 2) According to the evidence duly adopted and examined by the court below, according to the evidence duly adopted and investigated by the court below, the Defendant changed the name “D 100 million number of fake tree 10 million won on the Internet apartment occupant car page.”

The horses shall be set aside in a string and the nose, and the horses shall be inside. If the president of the apartment fry, he/she shall be the month.