The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. It is true that it is not false that the senior citizen center C has provided funds for operation of senior citizen center to the female council, not false facts.

Even if the facts alleged by the Defendant were false, the Defendant was informed of the occupant of the apartment including G and received the information from the occupant of the apartment including G, so there was no perception that it was false, and the Defendant believed that it was true, and there was a reasonable reason to believe that it was true, and thus, the Defendant’s act is not illegal for the public interest.

The court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of 800,000 won) is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

가. 공소사실의 요지 피고인은 2018. 6. 1.경 전주시 완산구 B아파트(이하 ‘B아파트’라고 한다)에서 '추종 동대표들과 노인회장(C)과 부녀회원(회장 D)들에게 묻겠습니다. 노인회장 C는 완산구청으로부터 나온 경로지원금(연간 약 500만 원)을 부녀회에 전폭 지원했고, 부녀회원들은 지난 2년간 E으로부터 시작된 온갖 의혹들을 퍼뜨렸지요 (중략) 경로지원금이 부녀회 활동비냐 책임져야지 발뺌하면 천벌 받는다.'라는 내용(이하 ‘이 사건 내용’이라 한다)이 기재된 유인물을 작성한 후, 위 유인물을 인쇄하여 위 B아파트 약 1,259세대의 우편함에 위 유인물(이하 ‘이 사건 유인물’이라 한다)을 투입하였다.

However, in fact, the above B apartment center consists of 55 male older persons and 61 female older persons, and 15,000 female older persons among the above female older persons belong to a female council. The victim C used 720,000 out of the subsidies for operation of the center for senior citizens in 2017, which was received from the Yansan-gu Office, for the above female older persons, and 4,830,000,000,000 from the subsidies for operation of the center for senior citizens in 2016.