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(영문) 의정부지방법원 2018.02.01 2017노2240

명예훼손

Text

The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. On March 201, 201, the Defendant: (a) was urged by the entire group of the voters holding the right to a lawsuit open from D’s first floor on the first floor to transparently manage D Co., Ltd.; and (b) the Defendant did not make a statement about the sugar of management costs or the taking of defective repair costs, such as the Defendant’s charge.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. Legal doctrine-misunderstandings, even if the Defendant made a statement as to the facts charged around March 201, 201.

Even if there was no proof that the alleged facts were false or that the defendant was aware of falsity.

In addition, the defendant stated false facts.

Even if the defendant believed that the facts were true and there are reasonable grounds, so there is no illegality in the defendant's act.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles.

(c)

The punishment sentenced by the court below to the defendant is too unreasonable because it is too unreasonable to impose the punishment (3 million won).

2. Determination

A. Of the facts charged in the instant case, the Defendant is the witness of the instant case in which there are occupants, such as the right holder of a subdivision of a building, etc., at a tenant meeting in the D Building on March, 201, and the right holder of a subdivision of a building.

Management Company F and G are pro-friendly.

Since then, management expenses are being reduced by G0.

In addition, while negotiating G with D contractor L company, G received only KRW KRW 0,000 as the cost of repair of defects, G’s arrival without repair of defects.

However, there was no fact that F had reduced management expenses only with respect to the victim G, and there was no fact that the victim received the cost of repair of defects from the victim.

Accordingly, the defendant is openly false.