The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant stated a mistake of facts or misapprehension of the legal principle, not false facts, but true facts, and the Defendant did not have any false perception, and the Defendant stated false facts.

Even if this is related to the public interest for a specific group of sectional owners, it constitutes a case where the defendant believed that it was true and there is a reasonable reason to believe it.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. (1) The judgment of the court below on the assertion that there was no false or false perception about the assertion of mistake or misapprehension of the legal principles, and the court below rejected the above argument in detail under the title "whether or not there was a false or false recognition" in the judgment of the court below, with the same argument as the grounds for appeal in this part. The judgment of the court below is justified by comparing the above judgment of the court below with the records.

(2) The dismissal of illegality by Article 310 of the Criminal Act as to the assertion that the illegality should be avoided as a public interest under Article 310 of the Criminal Act is limited to the case where an act under Article 307(1) of the Criminal Act is true and solely pertaining to the public interest, and there is no application of defamation in a false manner, or defamation in a factual false or false manner through an information and

Article 310 of the Criminal Act is not applicable to this case where defamation of false facts is acknowledged (see Supreme Court Decision 2003Do601, 2003Do9, May 16, 2003). Therefore, Article 310 of the Criminal Act is not applicable to this case where defamation of false facts is recognized.

provided, however, that the alleged facts by the offender are true.