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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The summary of the grounds for appeal exceeds the scope permitted in light of social norms and damages the reputation of the victim company, and the contents indicated in the banner, diskettes, and printed articles of the instant demonstration;
The court below found the Defendant guilty of the charge of the crime of defamation, by misunderstanding legal principles, even though the aforementioned public allegation was not false or the Defendant did not have any false awareness, and the Defendant was engaged in demonstration within the scope of the constitutional right regarding assembly and demonstration.
2. The expression used by the Defendant in one person’s demonstration or assembly indicates specific facts to the effect that “W Group X returns the golf course between strong and strong damage to its members,” “All causes are the starting point of defective construction, N.N.’,” and “a punishment for a malicious company with bad faith that has been put about KRW 165 billion invested in the loan with snow of its members,” which read as “a punishment for a bad faith company that has been put about KRW 165 billion in the loan with snow of its members.” This means that “the victim company would cause a problem by carrying out a bad construction and illegally escape from the golf course, thereby causing damage to its members.”
In addition, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the victim company, under the contract of P by T, performed the creation work, and the victim company performed the defective construction work.
There is no evidence to support the following. ② On December 9, 201, T received a decision to commence the rehabilitation procedure from the District Court due to the aggravation of financial standing on December 9, 201, and on January 14, 2013, the representative of the victim company and the ordinary members, E, etc.: “All claims against T of the victim company shall be reduced to 47.5 billion won and shall be repaid in cash until July 12, 2013 by T, the victim company's partial amount of claims shall be converted into equity, and the claim to return the deposits of the general creditors shall be converted into face value at a rate of 100%.