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(영문) 광주지방법원 2016.08.17 2015고정1843

명예훼손

Text

Punishment on the accused shall be determined by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant listened to 28 persons, such as D, the representative of each building of the apartment complex of this case, at the meeting room of the management office of Dong-gu, Gwangju (hereinafter referred to as the “instant apartment”) around 17:00, the Defendant was responsible for illegal elections while the head of the management office, who immediately puts a secret vote to a person who was killed in the representative election of this case, operates him as a elected person by making a secret vote.

“Publicly damaged the reputation of the victim E” (2016 highest 2375). Summary of the evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to E (one time, two times);

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act regarding the defendant and his defense counsel’s assertion of the provisional payment order, while recognizing the same remarks as stated in this part of the facts charged, the defendant and his defense counsel asserts that the defendant’s act is true and solely pertaining to the public interest, and thus, is not unlawful.

According to the evidence duly adopted and examined by this court, it is only recognized that the defendant was prepared with a fact-finding document that "the defendant was selected as the winner by inserting the B 14 marks, but all the group was classified as the winner by inserting the preliminary marks 2 marks" from the victim who was the head of the management office of the apartment of this case, and there is a considerable reason for the victim to manipulate B to be elected by inserting the preliminary marks in the ballot box at the latest, or the defendant to believe it.

There is no circumstance to see.

Therefore, the defendant and defense counsel are not accepted.

Parts of innocence

1. The summary of this part of the facts charged (2015 high 1843) is as follows: (a) the Defendant around August 13, 2015 at a meeting room of the first floor of the apartment management office in the instant apartment at around 17:00.