The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged in the instant case is the representative of 202 apartment units in Chuncheon City, and the victim D is the chairman of the council of occupants' representatives of the said apartment unit.

The defendant, which was implemented around August 2012, in the process of the selection of the apartment management entity, brought a suspicion that the victim had selected the apartment management entity unfairly in collusion with the head of the above apartment management office in order to impair the honor of the victim.

1. On September 19, 2012, the Defendant posted a notice stating that the victim selected an unfairly controlled entity in collusion with the Director of the Management Office and the Chairperson, such as “a joint venture by agreement between the Director of the Management Office and the Chairperson,” on the bulletin board of the 30 apartment site located in the said C apartment, thereby impairing the reputation of the victim by openly pointing out false facts.

2. 피고인은 2012. 10. 15.경 위 C아파트 관리사무실에서 “회장은 관리소장의 똘마니 내지 똥개노릇을 하고, 관리소장 역시 회장의 똘마니 똥개노릇을 하여 서로 보호하려 한다”라는 등 전항과 같은 내용의 유인물을 제출함으로써, 공연히 허위사실을 적시하여 피해자의 명예를 훼손하였다.

2. Relevant legal principles

(a) In the crime of defamation, a “statement of fact” is a concept substituted by an expression of opinion, the content of which is a value judgment or evaluation, and refers to a report or statement of specific past or present facts in time and space, and the content of which can be proved by evidence;

In addition, in distinguishing between whether a statement of determination is a fact or an opinion, the determination shall be made by taking into account the overall circumstances, such as the ordinary meaning and usage of the language, the possibility of proof, the context in which the language in question was used, and the social situation in which the expression was used (see Supreme Court Decision 2007Do1220, Oct. 9, 200), and defamation against another person is a method of publicly expressing facts.