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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles 1) The Defendant posted a notice to the effect that “the members of the committee for election management, such as victim D, extended the voting period for the purpose of winning the apartment as the representative of the members,” but the content of the instant notice is not false, but true, and even if its content is not true, the Defendant posted the notice for the purpose of public interest, such as apartment residents, etc., that the content of the instant notice is believed to be true, and the Defendant posted it for the purpose of public interest, such as apartment residents, etc., and there is any justifiable reason to believe that the above content is true, and thus the illegality is excluded due to the application of Article 310 of the Criminal Act. However, the lower court erred by misapprehending the facts or by misapprehending the legal principles that found the Defendant guilty of this part of the facts charged, which affected the conclusion of the judgment.
2) The Defendant was found guilty of the facts charged in this part of the judgment by misapprehending the fact and adversely affecting the conclusion of the judgment. In so doing, the Defendant did not err by misapprehending the fact that the lower court convicted the Defendant of this part of the facts charged, as well as by misapprehending the fact.
B. The punishment sentenced by the lower court (2 million won) is too unreasonable.
2. Determination:
A. As to the assertion of misunderstanding the facts and misapprehension of the legal principles, the lower court determined that the following circumstances acknowledged by the evidence duly adopted and investigated: (i) where a majority of the incumbent members did not vote in the case of a single withdrawal, it cannot be elected as the same representative; (ii) where the voting period is not extended; and (iii) where the voting is terminated as it is, the majority among the single withdrawals cannot be elected as the same representative; and (iv) where the voting is completed, the occupant representative cannot be organized.