The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. In light of the motive or circumstance leading up to the instant crime, etc., the sentence imposed by the lower court (three million won of fine) is too unreasonable in light of the gist of the grounds for appeal.

2. In the trial of the court below, the ex officio determination prosecutor applied for changes to the indictment as stated in the following criminal facts, and this court permitted this and thus, the judgment of the court below was no longer maintained as it is.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The defendant was the chairperson of the Daegu-gu Committee for Emergency Countermeasures against Apartment C Apartments, and the victim D, the chairperson of the council of occupants' representatives.

1. On October 26, 2012, the Defendant of defamation, stating that “D, despite having been known to the Emergency Countermeasure Committee, intends to proceed with construction works despite the fact that it falls short of the quorum by seven resolution with respect to the water supply pipe replacement work, it is insufficient to pay 500 million won for the long-term repair appropriations with the long-term repair appropriations, which is the cost of the water supply pipe replacement work, and was insufficient to contact with the tendering company without open competition, and omitted the notice at each apartment house, thereby impairing the victim’s reputation by openly pointing out false information by delivering it to each apartment house on the same day.”

2. Definitely, on November 7, 2012, the Defendant drinked with money in the same space as the center of the instant apartment complex, front of the management room, children’s play grounds, and 105 dong and 106 dong.