The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant does not pay a fine.

1. The summary of the grounds for appeal (misunderstanding of facts) of the facts charged in the instant case, which states that “H illegally occupied the apartment at present,” which the lower court acquitted the Defendant on the grounds of the reasoning, stated defamation by pointing out false facts by stating that “H illegally occupied, and illegally occupied, the apartment at present with the former management ledger,” connected to the remarks that “H was guilty.”

In other words, the main part of the part that H illegally occupied is not a priority point, but a means of illegal occupancy, and as a means of illegal occupancy, the part of the remaining remarks premised on the premise that the relationship with the former Director is proved to be false, is also false as a whole.

I would like to say.

Nevertheless, the judgment of the court below which acquitted the defendant on the illegal occupancy only during the defendant's statement is erroneous in the misapprehension of facts.

2. Determination

A. Of the facts charged in the instant case, the Defendant, on July 7, 2015, illegally occupied the non-guilty part of the reasoning indicated in the lower judgment with respect to E and F residing in the said C Apartment 110 Dong 607 and 607, supra, to E and F.

“The honor of the victim H was damaged by openly pointing out false facts.”

B. The lower court found the Defendant guilty of the remainder of defamation against H, which is related to this part of the facts charged, but found the Defendant not guilty of this part of the facts charged on the ground that H’s statement consistent with the fact that H illegally occupied the apartment at present was false, is difficult to believe and there is no other evidence to acknowledge it.

(c)

Of the facts charged in the instant case, the summary of defamation against the victim H is as follows: “The Defendant is with the former president of the management office,” from the E and F residing in the said C Apartment 110 Dong 607, supra, around July 2015, to E and F.