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All of the appeals by prosecutors are dismissed.
Reasons
1. In light of the fact that the Defendants posted or distributed the summary of the grounds for appeal, 301, 302, and 303 bulletin boards as well as 302, and 303, as well as the contents of the judgment, and the contents of the CCTV caps as well as the contents of the judgment are distributed along with photographs, the Defendants’ act is deemed to go beyond the public purpose of providing information, and thus, the Defendants’ act may be fully convicted of the facts charged in
However, the lower court acquitted the Defendants of all the facts charged of this case on the ground that the Defendants did not have intention to defame or have true facts and solely constituted the public interest, and thereby, erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. The summary of the facts charged is that Defendant A is the chairman of the F apartment management office in Gyeyang-gu, Yangyang-gu and Defendant B is the head of the above apartment management office, and Defendant B is the victim G is the same representative of the above apartment unit 301.
On November 4, 2011, the victim was sentenced to a civil judgment in order to pay consolation money of KRW 700,000 to the defendant B in the Jung-gu District Court Goyang Branch around February 6, 2014, by inserting CCTV in the elevator of the above apartment.
1) The Defendants: (a) enter the request for dismissal of the victim; (b) on September 22, 2014, the title “public notice on the result of a meeting of the Election Management Committee” on the bulletin board of 301, 302, 303 Dong-dong 1, Gyeyang-gu, Seoyang-gu, Seoyang-gu; and (c) “Public notice on the result of a meeting of the Election Management Committee” is the shipment of explanatory materials against G pursuant to Article 20 of the 301 Dong residents’ Civil Petitions Management Rules.
A notice stating " has been posted".
2) Upon receipt of a request from the injured party to express the above written notice, the Defendants: (a) on October 10, 201, the title, “Notice of the Committee on the Management of H Apartment Housing” for the occupants of the F apartment 301 Dong-dong 57, Goyang-gu, Seoyang-gu around October 10, 201; and (b) on July 1, 201, as the title, “301 constituency G in accordance with the management regulations.