The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds of appeal is that the Defendant’s posting of the instant notice constitutes defamation by factually expressing the fact, even though the Defendant did not have any awareness that the content was false at the time of posting the notice inside the apartment elevator (hereinafter “instant notice”), as stated in the facts charged in the instant case, and thus, the Defendant’s posting of the instant notice constitutes defamation by factually expressing the fact.

Therefore, the lower court rendered a not guilty verdict of the facts charged of this case erred by misapprehending the legal doctrine, thereby affecting the conclusion of judgment.

2. The prosecutor amended the indictment (in addition to the facts charged in the preliminary charge), while keeping the facts of defamation by false facts found not guilty of the lower court as the primary charge, applied for the amendment of the indictment to add the facts of defamation by factual statements such as the following facts constituting the crime, and the subject of the trial was added by this court’s permission.

However, as seen below, the judgment of the court below that only the previous primary facts charged can no longer be maintained, inasmuch as the court rendered a not-guilty verdict as to the primary facts charged together with the judgment of the court below, but it found the defendant guilty of the facts charged added as preliminary ones.

In addition, this Court does not separately determine the reason for the prosecutor's appeal, since this Court found the prosecutor guilty of the facts charged added in preliminary.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[D] The defendant is a resident of Namyang-si, Namyang-si, B apartment (hereinafter "the apartment of this case"), and the victim E who is the resident of the above floor D due to the noise complaint of Bupyeong-si apartment of this case and the defendant.