The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (based on factual errors, misunderstanding of legal principles) did not distribute the printed matter of this case to the residents. The contents of the printed matter of this case were revealed to be facts as to whether the president’s academic achievement is false, fairness in the election of the president, and waste of management expenses, and its illegality should be excluded since it concerns public interest.

2. Determination

A. The gist of the facts charged in the instant case was that the Defendant conspiredd with the person who was the team leader of the security service company of the D apartment in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant apartment”), and distributed to the apartment residents of the instant apartment complex the title “emergency reports for normalization of the functions of the council of occupants’ representatives due to retirement of the chairman of the Dong representative,” around June 14, 2014.

The contents showed that the president E of the council of occupants' representatives will be aware of the fact of being elected to the same representative by stating falsely the academic background, and it was derived from the fact that F, Election Management Members G, H, and I did not detect the false entry of E and did not fair election management. The chairman and the members of the council of occupants' representatives elected E, who is not qualified as the president of the council of occupants' representatives, as the false academic background, as the chairman and the members of the council of occupants' representatives, to immediately resign and compensate for damages to the residents.

However, the fact that E did not state falsely the academic background in the application for the registration of the candidate for the instant apartment representative, and the victim F, G, H, and I received a certificate from E as a member of the instant apartment election management member, but it stated that the victims failed to detect the false academic background of E, thereby hindering the fairness of election.

The Defendant damaged the honor of the victims by openly pointing out false facts as above.

(b).