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The prosecutor's appeal is dismissed.
Reasons
1. The text message sent by the Defendant’s summary of the grounds for appeal can be understood as having indicated false facts, and thus, it can be seen as having lowered the victim’s social evaluation.
According to the statement of K K, it is recognized that the defendant explained the same purport to K.
Nevertheless, the court below acquitted the charged facts of this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged in the instant case is the person who is the chairperson of the 10th and the 11th floor autonomous management council by the type of business in Jongno-gu Seoul Metropolitan Government (hereinafter “H”) and the victim I has overall control over the affairs as the manager of the H management group since 2006.
The management body is composed of representatives of each floor (in the case of the chairperson of the self-management council by type of business, the chairperson of the management body, the chairperson of the management committee, and the representatives of the rest of each floor) and two auditors. However, there was a conflict of opinions between the executive officers supporting the operation policies of victims and the executive officers opposing them in the course of operation of the management group, and the defendant was opposed to the victim.
Major matters such as the election of the management manager (the president of the general meeting) were to be determined at the general meeting held by the holders of the old accounts. On May 19, 2012, the victims was scheduled to terminate the term of office in May 2014 after being appointed as the manager at the general meeting of the management branch.
On March 24, 2014, the executive officers of the victim and the defendant et al. held a meeting of executive officers of the management branch on March 24, 2014 and decided to hold the general meeting on May 10, 2014 and to elect the managing general meeting at that general meeting on May 10, 2014, and the victims were standing alone as candidates for the next general meeting at that general
On the other hand.