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(영문) 부산지방법원 2014.10.30 2014고정3674

명예훼손

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are residents of Seo-gu, Busan.

E apartment is a total of 3 households with 239 households, and the victim F is the chairman of the council of occupants' representatives of the above apartment.

On December 20, 2013, the victim failed to properly operate the apartment and caused conflicts with the defendants, and submitted a letter of resignation to the Senior Citizens' Council composed of the Emergency Countermeasure Committee to resign from office as the chairperson of the council of occupants' representatives on December 20, 2013. However, the victim did not resign in fact. In the emergency Countermeasure Committee to which the defendants belonged as members, the victim's wrong points were discussed to post the pla card on the apartment.

1. On February 5, 2014, the Defendants conspired to sell materials or used the repair cost at will. However, on February 5, 2014, the Defendants damaged the reputation of the victim by publicly pointing out false information. On February 5, 2014, the Defendants posted one flick Card (7 meters in the street, 1.5 meters in length, 7 meters in length) stating that “Influent storage and many materials were loaded in the central water unit of the apartment complex, but they asked to receive KRW 7.7 million in the cost of repairing the defect.”

2. Notwithstanding the fact that the Defendants conspired to commit the crime of February 6, 2014 that the victim possessed materials or used at will any cost for repairing defects, the victim discovered and removed the pl cards listed in paragraph (1) on February 5, 2014. On February 6, 2014, the Defendants posted two plug cards containing the same contents on the front of the said apartment 102 and 103 teams, thereby impairing the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement of each police officer made to F and G;

1. Investigative reports (Attachment of cards, notice tools, etc.), and materials attached thereto;

1. Investigation reports ( telephone communications, etc. at the management office);

1. Materials concerning filing of a complaint and a victim;

1. Plastic cards and photographs, garbage.