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The prosecutor's appeal is dismissed.
Reasons
1. The court below found the defendant not guilty of the facts charged in this case, despite the fact that each statement in the victim E, witness F, G, and H's investigative agency and court differs from detailed contents, but as a whole, the core part is consistent and credibility as to the whole, and in light of the circumstances where the defendant prepared and distributed the printed matter of this case, at least the defendant was aware of the possibility of false facts. The court below found the defendant not guilty of the facts charged in this case. The court below erred by misapprehending the legal principles as to the criminal intent of defamation and thereby affecting the conclusion of the judgment.
2. Determination
A. On January 7, 2011, the Defendant purchased 212 and 213 of the Seo-gu Daejeon Building C, Seo-gu, Daejeon in December 201, and occupied to operate D. On the same day, the victim E (Nam, 48 years old) elected by the president of the above shopping mall from 2007 to 2010, was in office as the president of the second top top priority association of the building C, and illegally amended the upper priority association rules from 2007 to 2010. The Defendant did not disclose the details of the execution of the upper priority association fees and the management fees, which interfere with the development of the upper priority association as individuals of some executives of the upper priority association, and did not arbitrarily obtain non-Confidence from the upper priority association and did not obtain the consent of the executive members of the general meeting, but did not obtain the consent of the amendment of the regulations. The Defendant, despite the fact that the Defendant, on February 1, 2011, prepared the second top priority association and did not obtain the consent of the general meeting.