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(영문) 서울중앙지방법원 2013.08.29 2013고정2080

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the chairperson of the Dongjak-gu Seoul Metropolitan Council of Residents' Representatives.

On February 2, 2009, the Defendant: “Public Notice on the Closure of the Guard Office of 305, which was issued on February 1, 2009, the Defendant kept a prefabricated-type guards room without obtaining any construction permit for not only neighboring apartment houses but also most apartment houses in Seoul, but also our apartment house 305, 108, which received the official notice to remove 305,05, from the Dongjak-gu office and from March 2009, by inserting a civil petition by the residents from the Dongjak-gu office and to remove 305,00,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000.

However, there was no civil petition filed with the Dongjak-gu Office with the purport that the above apartment guard room was illegally constructed in the parking lot by the victim E, a resident of the above 108.

Ultimately, the Defendant damaged the reputation of the victim by openly pointing out false facts as above.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused (including F's statement section);

1. Each police statement of E;

1. A complaint filed by E;

1. A certified copy of the register, management rules of collective housing, public announcement of closure of the guards room of 305 (Investigation Record No. 39 pages), inquiry reply, voluntary correction of unlawful buildings, advance notice of disposition of fine for negligence, treatment of actions, application for permission, act, location map of heavy load-bearing walls, and application of statutes of the judgment;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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