The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of the legal doctrine did not have made such a statement as stated in the facts charged, and even if such a statement was made, it is an act conducted for the sake of stability in the complex and respect for the neighbor as a human being, which does not go against social norms.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the evidence alone submitted by the prosecutor is insufficient to acknowledge the fact that the defendant made a statement as stated in the facts charged, and there is no other evidence to acknowledge it.

① The victim asserted that the Defendant made the same remarks as stated in the facts charged at the seat of the council of occupants’ representatives, and stated that G, H, I, and J were present at the meeting at that time.

② However, in the court of the court below, G stated that the Defendant’s statement was not memory (63 pages of the trial record) and H stated that “The Defendant directly stated that “the Defendant died of a security guard, and the security guard died due to the victim,” and that “the victim’s statement was accepted as the victim’s death due to his or her own injury” (the trial record 70 to 72 pages), and I stated that “The Defendant did not mean that the security guard died due to the victim, and that “the Defendant would not cause a good apartment,” and that “I said that “the victim would have died of a person due to his or her death.” (the trial record 105 pages),” and that “The Defendant made a statement as stated in the facts charged.”