출판물에의한명예훼손
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) the printed matter distributed by the defendant (hereinafter “E”; hereinafter “the printed matter of this case”) is related to the president of the tenant representative meeting in a public position and is related to the public interest of apartment residents. Therefore, the determination of illegality related to defamation should be made carefully and strictly in determining illegality.
The Defendant, as an auditor of the representative meeting of occupants, prepared and distributed the aforementioned printed items to point out inappropriate parts of the work performed by the president of the representative meeting of occupants or the managing body, and to urge improvement thereof. The overall contents of the printed items are true, and even if false facts are false, the Defendant as the Defendant misleads that they are true facts based on objective data, and for the public interest, so the illegality is dismissed in accordance with Article 310
In addition, the illegality of the auditor's act of preparing and distributing the above inducements is excluded as "act due to work" under Article 20 of the Criminal Act.
Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to whether the alleged facts were false, each expression in the facts charged in the instant case is recognized as false facts.
1) The advance polling notice was posted on major passage roads in apartment complexes and adjacent bus stops, and the fact that management expenses of KRW 376,000 were paid at the printing cost of the above notice is recognized.
B) However, as mentioned above, the reason why advance polling notice was posted is to enter a lot of inquiries from apartment residents about the date, time, and place of advance polling first conducted.