The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The misunderstanding of the facts and legal principles are responsible for returning apartment management fees that the victim made the representative council of apartment occupants to pay unfairly. As such, the defendant's statement on the notice "a fractional pre-announcement" (hereinafter "the notice in this case") as the head of the apartment management office is not false, but is not so false.

Even if the Defendant did not recognize that the description was false, the Defendant did not recognize that it was false.

B. As the Defendant posted the instant notice for the public interest purpose of protecting the property of resident residents as a written complaint for apartment management affairs, it constitutes a wrongful act or a legitimate act.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant asserted the same purport in the lower court, but the lower court, by taking account of the circumstances acknowledged by the evidence duly admitted and investigated, found that the content recorded in the instant notices constituted false facts and could have known that the Defendant was false.

As long as it constitutes a false fact, it is recognized that Article 310 of the Criminal Act does not apply, and thus, the illegality is excluded or it is difficult to view it as a justifiable act, the Defendant guilty of the facts charged in this case.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts or misunderstanding the legal principles as to the offense of defamation and the grounds for excluding defamation, thereby affecting the conclusion of the

Therefore, the defendant's above assertion is without merit.

B. Although there is an unfavorable circumstance to the defendant, such as the fact that the defendant did not agree with the victim of this case regarding the unfair argument of sentencing, the expressions and contents in the notice of this case are expressed.