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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.
Reasons
1. The judgment of the court below which acquitted the Defendant of the facts charged despite the possibility that G, etc. who heard the Defendant’s statement of this case may spread it to others is erroneous in the misapprehension of law which affected the conclusion of judgment.
2. Around July 18, 2012, the summary of the facts charged is that the defendant was the representative of the Dong apartment of the Dobong-gu Seoul apartment, Seoul, and even though the facts in the above apartment management office are not the victim E and F, the defendant damaged the honor of the victims by openly pointing out false facts by openly pointing out false facts to the victim E in the presence of the head of the above apartment management office G and the staff of the management office H, etc.
3. The lower court stated that the Defendant’s statement at the police station and the court of the lower court, consistent with the purport that the Defendant’s statement was made by other persons than E, G, and H at the time of the instant case and the statement at the court of the lower court, which is relatively neutral position, was made in G police and the court of the lower court, and the police investigation report (31 pages of the investigation record) (31 pages at the time of the police’s telephone investigation, the resident I stated to the effect that he committed noise by stating that E was the reason why E was called as the Defendant’s inhuman relationship, and that the same resident J stated to the effect that E was called as the Defendant’s inhuman relationship.) and the relationship between the Defendant and the Defendant, etc., it is difficult to believe that it was difficult to recognize otherwise, and there is no other evidence to acknowledge it, and that there was a possibility that the Defendant’s statement at the instant time could have been disseminated to many and unspecified persons, and that the above Defendant is the representative of the apartment association, and the victim of the apartment building E is the above representative of the apartment association.