The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant is reversed.

Defendant shall be punished by a fine of one million won.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles (as to the judgment of the first instance court), the Defendant did not have made N the same remarks as the facts charged. 2) Even if the Defendant made N the same remarks as the facts charged, this is not recognized as having no possibility of spreading to an unspecified or many unspecified persons.

3) In addition, since the Defendant stated true facts for the overall interests of the occupants of apartment houses, the Defendant’s act is dismissed in accordance with Article 310 of the Criminal Act. Nevertheless, the lower court’s judgment convicting the Defendant of this is erroneous by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion

B. Each sentence (the first instance court: the fine of one million won, and the second instance court: the fine of three hundred thousand won) imposed by each court below on the defendant is too unreasonable.

2. Ex officio determination of this Court decided to concurrently examine each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of one of the concurrent offenses under Article 38(1) of the Criminal Act.

In this respect, all the judgment of the court below cannot be reversed.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

3. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. In full view of the evidence duly admitted and examined by the court below as to whether the Defendant stated in the facts charged, namely, the E, N, andO’s statements made by investigative agencies and the court below, the relationship between the Defendant and the victim, the situation at the time of the crime, and the circumstances of the crime, it can be sufficiently recognized that the Defendant stated in the facts charged in the judgment of the court below.