The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the defendant recognized that the contents posted through information and communications network are false, he/she posted them for the purpose of slandering C. Nevertheless, the court below judged that the defendant did not constitute a crime of violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.

Judgment

A. The summary of the facts charged is the resident of Ulsan-gun apartment B (hereinafter “instant apartment”) in Ulsan-gun, Ulsan-gun, and C who is the complainant is the chairman of the council of occupants’ representatives.

피고인은 2019. 5. 4. 20:02경 피고인의 주거지인 위 B 아파트 D호에서 인터넷 E 카페인 ‘F’ 사이트에 “당신들의 변호사 자문비는 주민 동의 없이 600만 원이나 관리비 각출하고 도대체 어찌 돌아가는 겁니까 타 단지에 비해 장기수선충당금은 따블 의결하고 그들만의 리그 아파트 행사에 164만 원 자금 들이고, 불협화음이 심한 현 상황에 아파트 행사는 당분간 최대한 줄여야 하는디 속이 터집니다. ㅠㅠ”라는 글(이하 ‘이 사건 게시글’이라고 한다)을 게재하였다.

However, in fact, the attorney advisory fee has been discussed and decided regularly by the council of occupants' representatives, and the long-term repair appropriations have not been increased by two times compared to other apartment complexes, and only used 80,000 won for apartment events.

Accordingly, the defendant has damaged the reputation of the complainant by divulging public false information through information and communication network with a view to slandering the complainant.

B. The lower court is deemed to have made a decision to additionally impose KRW 1,000 per household on management expenses for six months at a regular meeting held on April 2019 by the council of occupants' representatives of the apartment of this case, but it is deemed that the resolution was made to appropriate the advisory fee for the advisory lawyer’s advisory fee. However, the apartment of this case is subject to the above resolution.