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(영문) 수원지방법원 성남지원 2016.11.17 2016고단1911

명예훼손등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the victim C, who is the chairman of the council of occupants' representatives of the branch of Seongbuk-gu, Sungnam-si, and the defendant is the chairman of the election management of the apartment.

The victim filed a civil petition at the Sungnam city and received a reply that the above provision was invalid because it violated the Housing Act and subordinate statutes, because the residents of the household where the above apartment house election commission established the right to collateral security at least 60% of the announced price fall under the grounds for dismissal under the management rules.

Nevertheless, around October 21, 2015, the Defendant posted a notice stating that “A victim’s provision on the grounds for the dismissal of representatives by buildings was well-grounded as if he/she was disqualified for being elected, and posted a false answer from Sungnam-si as if he/she were true, thereby harming the honor of the victim by openly pointing out facts on the inside of and on bulletin boards of 32 apartment elevators.”

B. On November 24, 2015, at the time of the election of the representative of the apartment building, the Defendant posted a written public notice of the election of the representative of the building to the injured party, and damaged the reputation of the injured party by publicly pointing out the following facts by posting a notice of the election of the representative of the building at the time of the election of the representative of the apartment building. The Defendant posted a notice of the representative of the apartment building at the time of the election of the representative of the apartment building, and by publicly pointing out the fact in the inside of the 32 apartment buildings and bulletin boards by posting it on the bulletin board, and Article 20(1)8 of the DNA Apartment Management Rules (as Article 50 of the Enforcement Decree of the Housing Act provides that the residential apartment at the representative of the building at the reasonable time under Article 50 of the Enforcement Decree of the Housing Act is set up at

2. Determination

A. According to the evidence duly admitted and examined by this court, including the Defendant’s statement in the court, the fact that the Defendant posted a notice like the facts charged is acknowledged, but the facts charged are also acknowledged.