The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. Summary of grounds for appeal;

A. The fact that the Defendant prepared and attached a public notice of the same content as the written facts charged in the instant case (hereinafter “instant public notice”). However, the chimney photograph (hereinafter “instant photograph”) of the public notice posted D was not the actual original photograph but the photograph operated by the photograph editing program, and thus, the content of the instant public notice was indicated in a true fact.

Even if the photograph of this case is not a fabricated photograph, and thus the content of the public notice of this case was false, the Defendant had a reasonable ground to believe that the photograph of this case was a fabricated photograph.

Therefore, the act of preparing and attaching the written public notice of this case by the defendant is an act for the public interest of all the occupants of the C apartment in which the defendant is residing (hereinafter “the apartment of this case”), and the illegality is dismissed by Article 310 of the Criminal Act.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts and misapprehension of legal principles.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. The summary of the facts charged in the instant case is that the Defendant is the resident of the instant apartment located in Dobong-gu Seoul Metropolitan Government H, and D is the head of the management office of the said apartment.

D around June 9, 2018, in order to resolve conflicts among the residents with respect to the construction cost of the said apartment chimney, it posted a public notice stating that if the above apartment chimney photograph and the above photograph are operated after construction work related to the apartment chimney, it will be refunded all benefits from September 2017 where he/she entered.

According to the records of this case around July 10, 2018, the Defendant prepared and attached a written public notice of this case on July 10, 2018 and recorded evidence.