The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

1. Reasons for appeal;

A. The facts alleged by the defendant are consistent with the truth, and there is no fact that the defendant defames the victim by pointing out false facts.

B. Prosecutor 1) Fact misunderstanding and legal principles do not mean that the Defendant, rather than for the public interest of apartment residents, attached a leaflet to achieve the Defendant’s purpose, which is the resolution of dismissal voting for the victim, and thus, the illegality is not dismissed.

2) The sentence of the lower court that is unfair in sentencing (a sum of KRW 700,00) is too unhued and unfair.

2. Determination

A. (1) On January 18, 2016, the summary of this part of the facts charged is that: (a) the Defendant expressed the victim D with whom more than 10 persons, including each Dong representative and visitors, who are attending a meeting for the election of the chairperson and the resolution on apartment management in the meeting of the second floor of the apartment management office in the Yongsan-si Apartment-si, where the Defendant resides, at around 19:00 on January 18, 2016; and (b) where the head of drinking feat violates the management regulations and paying money, the Defendant expressed the victim D as the feat and the head of the Dong feat.

However, since the victim has been granted KRW 50,00 won for each gift gift certificate under the name of the resident representative with seven other representatives in office as the representative, he had been continuously paid the gift certificates to the representative at the representative meeting of the apartment occupants in the above apartment house, and there was no fact that the defendant had illegally acquired the gift certificates or embezzled the public funds because he had returned the gift certificates upon raising an objection thereto.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2) The fact that constitutes the elements of the offense charged in a criminal trial is a subjective element, objective element, or the burden of proof is to be borne by the prosecutor. As such, a person’s social evaluation is conducted in cases prosecuted for an offense of defamation by expressing false facts under Article 307(2) of the Criminal Act.