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(영문) 광주지방법원 2014.02.13 2013고정2416

명예훼손

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the chairperson of the Council of Representatives of Residents in Gwangju North-gu, and the victim C and the victim D are the occupants of each of the above apartment units 101 units and 103 units of apartment units.

On July 20, 2013, the Defendant, using broadcasting facilities at the above apartment management office, broadcasted to 768 households of the above apartment complex, “101 Dong C, 103 Dong D, which is currently opposing at the time of the conference of the representatives of the regular occupants of each Dong during July 16, 2013, with a view to creating scenarios and respective copies in a planned manner, and obstructing the progress of the council of occupants’ representatives which is normally operated, by creating scenarios and respective copies, and taking the scenarios and respective copies of the Plaintiff into consideration during the conference, and by sharing six members of the council of occupants’ representatives to ask questions on each agenda to interfere with the progress of the council of occupants’ representatives, thereby interfering with the progress of the council of occupants’ representatives.” The opposing non-performance is an illegal meeting for only illegal opposition that has not been regularly approved.”

However, there was no fact that the victims interfere with the progress of the meeting, such as preparing scenarios for the purpose of obstructing the meeting of the apartment occupant representative during the July of the above apartment.

Accordingly, the defendant damaged the honor of the victims by openly pointing out false facts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of laws and regulations on police statements concerning C and D;

1. Article 307 (2) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;