All appeals filed by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendants’ grounds of appeal are 1) As to the mistake of facts as to the guilty portion of the lower judgment and defamation, the Defendants posted a printed article containing true facts for the public interest, and the Defendants’ act constitutes a case where illegality is removed.

With regard to the damage of property, the illegality of the Defendants’ act constitutes a passive defense against the Defendants or a legitimate act.

2) In light of the circumstances leading up to the instant crime, etc., the lower court’s punishment against the Defendants (a fine of KRW 2 million for each of the instant charges) is too unreasonable.

B. The Prosecutor’s appeal 1) Regarding the charge of occupational breach of trust by misunderstanding the legal principles as to the acquittal portion of Defendant A among the judgment below, Defendant A’s act of paying wages to the managing director and service expenses to the management officer without legitimate resolution causes damages to the occupants, and the lower court erred by misapprehending the legal principles, thereby acquitted the aforementioned part of the facts charged.

In relation to the obstruction of business, even though there was a risk that Defendant A’s act might interfere with the management of apartment houses by F Co., Ltd. (hereinafter “F”), the lower court erred by misapprehending the legal doctrine, thereby acquitted the said part of the facts charged.

2) In light of the circumstances leading up to the instant crime, etc., the lower court’s punishment against the Defendants is too uneasible and unfair.

2. Determination

A. The Defendants’ assertion of misunderstanding of the facts and misapprehension of the legal doctrine is examined. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the printed materials posted by the Defendants, were all dismissed by the representatives of each Dong-based Congress with the consent of the occupants.