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The prosecutor's appeal is dismissed.
Reasons
1. The managing body of the public notice of this case is an apartment management office, and the head of the management office at the time of this case was in charge of the management of the notice of this case, but the defendant was voluntarily in charge of the management of the notice of this case, and the defendant's mobile phone camera was not proved to have been broken at the time of the notice of this case, and even if the defendant's mobile phone camera was broken, the mobile phone camera was broken.
In light of the fact that the defendant was able to use methods such as ex-post photographing or recording, the public notice of this case was removed despite the fact that the defendant was able to use such methods, and the defendant's act is merely an act for the interests of the tenant representative meeting to which the defendant belongs when considering the dispute situation between the tenant representative meeting to which the defendant belongs and the victim's act, it cannot be deemed that the defendant's act
2. Determination:
A. The summary of the instant facts charged and the summary of the instant facts charged by the lower court are as follows: “Around November 25, 2015, the Defendant, a general director at the meeting of the representatives of the occupants of Yeongdeungpo-gu Seoul Residents, is informed from Non-Subrogation, which is owned by the Victim C Emergency Countermeasure Committee, attached to the lower end of the elevator bulletin board, 202 Dong 1-2Ra, the above apartment building around November 25, 2015.
The notice of the title " was removed by hand from the second chapter of the public notice, and thereby damaged the utility thereof."
"" and the court below acquitted the defendant on the ground that the defendant's act constitutes an act that does not go against the social norms, considering the circumstances stated in its reasoning.
B. The Defendant finds the instant notice posted inside the apartment elevator without attaching the official seal of the apartment management office of the instant apartment with the content of slandering D, the president of the resident representative meeting, and makes inquiries about the legality of the contents and form thereof to the Gu office for interesting.