The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the content of each bulletin board and the document posted on the elevator bulletin board of each apartment (hereinafter “instant apartment”) as stated in the facts constituting the crime of the lower judgment is merely an expression of opinion at the level of raising suspicion about the construction cost of the council of occupants’ representatives; (b) even if it falls under a statement of fact, it does not constitute a statement of fact; and (c) even if it falls under a statement of fact, it is true, or the Defendant misleads the Defendant as a true fact; and (d) it is a statement of fact for the public interest of “right to know” of the occupants of the instant apartment where the Defendant resides, and thus, its illegality is excluded under Article 310 of the Criminal Act; (c) however,

2. Determination

A. In the crime of defamation, the term “statement of fact” refers to a report or statement of a specific past or present fact in time and space, which is a substitute for an expression of opinion pertaining to a value judgment or assessment, and the content of the statement refers to what can be proven by evidence. In distinguishing whether the report or statement is a fact or an opinion, the determination should take into account the ordinary meaning and usage of the language, the possibility of proof, the context in which the language in question was used, the social situation in which the expression was made, etc. (see Supreme Court Decision 2010Do17237, Sept. 2, 201). 2) In order to establish defamation crime, the statement of fact should be made in order to establish the crime of defamation, and the alleged fact should be made so that it may infringe on the social value or assessment of a specific person.

In addition, it is essential to indicate specific facts sufficient to lower the social value or evaluation of a specific person.