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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the statements of the victim, P,O, AD, and AP, the defendants posted the first page of the instant case.
B. At the meeting of the representatives of occupants on August 26, 2012, J (State) was not selected as the commissioned entity, and on October 14, 2012, at the meeting of the representatives of occupants, J (State) was selected as the entrusted entity.
In addition, because K K, which was a one house management company, issued a six-month decision of suspension from office to Defendant C, the head of the management office on September 19, 2012, and appointed M as a managing director on September 24, 2012, it is a legitimate measure that Defendant C was suspended from office from September 19, 2012 to September 30, 2012.
Therefore, the contents posted in the second page of this case are false.
(c)
The Defendants were well aware of the falsity.
In addition, the defendants distributed leaflets to maintain their status after having been in a dispute with the victim, and therefore there was a purpose of slandering the defendants.
Therefore, the reason for excluding illegality cannot be recognized.
(d)
In full view of these circumstances, the lower court erred by misapprehending facts or by misapprehending the legal doctrine.
2. Determination
A. The lower court found the Defendants not guilty on the grounds of the determination as follows.
1) Whether the notice was posted in the first sentence of the instant case ① At the time of the first accusation, the victim did not submit the first sentence of the instant case at the time of filing a complaint, and filed a complaint against a non-prosecution disposition, and submitted the first sentence of the instant case to an investigation agency.
(2) At the time of the incident, the guard was in service.
N did not post the first page of this case in the court below's attendance at the court of the court below and did not post the notice on the bulletin board, and attached the second page of this case's 2nd page to the apartment bulletin board, etc.
was stated.
(3) The work for the ledger of expenses prepared by the director on the day of committing the crime.