The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is clear that the defendant has no intention or stolen the seal of the chairman of the election management committee, and thus, the contents of the defendant's statement are false, and it is evident that the defendant had a third party unrelated to the election of the said representative, because the defendant's statement was made open to the public by many and unspecified persons, and thus, it is difficult to view the illegality as to the public interest for the fairness of the election, and thus, it is difficult to view that the court below erred by

2. Determination

A. The summary of the facts charged and the victim B are people of neighbors who reside in Suwon-gu C Apartment-gu, Suwon-gu.

From April 17, 2019 to April 26, 2019, the election campaign period was to elect the above C apartment (hereinafter “instant apartment”) representative.

On April 24, 2019, the Defendant, at around 17:20, damaged the victim’s reputation by openly pointing out false information on the bulletin board, i.e., e., the victim’s seal on the chairperson of the apartment management of this case, where there is about 10 persons, such as cood and cood cood cood cood cood cood cood cood cood cood cood cood cood cood cood cood cood cood cood c

B. In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, when the victim carried out an election campaign for the same representative of the apartment building of this case, the lower court arbitrarily inserted the shape similar to the official seal of the chairman of the said apartment election management commission in the poster posters as if they were the genuine official seal, and as a result, received a recommendation from the chairman of the said election management commission to revise the same around April 18, 2019, the lower court made an exaggerated expression such as “domination” in the Defendant’s remarks.