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(영문) 서울북부지방법원 2014.07.11 2014노441

명예훼손

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. With respect to defamation on April 6, 2013 among the facts charged in the instant case of mistake of facts, the content that “the Defendant resigned from the president without the procedure of transfer or takeover” expressed by the Defendant is not a false fact.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On April 6, 2013, the Defendant was only an unspecified large number of occupants, and the Defendant destroyed the victim’s reputation by pointing out false facts by attaching an incentive to “a reply to the transfer case” to the auditor E at the time of the representative director’s meeting on April 19, 2012, even though the victim D duly transferred his/her position to the auditor E at the time of the representative director’s meeting on April 19, 2012.

B. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence in its judgment.

C. On April 19, 2012, the following circumstances acknowledged by the records of the party deliberation, namely, ① the victim did not take procedures, such as preparing a transfer report on the management expenses or the details of long-term repair appropriations, in addition to the fact that the auditor E, who was the president at the time of attending the council of occupants' representatives and disclosing his/her intention of resignation, was concealed as the president and delivered his/her seal impression. ② According to Article 17(5)1 of the Rules on the Rules on the Rules on the Management of Multi-Family Housing Management, the president of the council of occupants' representatives may first make a report on the management expenses not exceeding KRW 50,000,00 after the first settlement, so if the president is changed, it would be necessary to verify and transfer the details of the management expenses that were incurred during the former president’s term of office. On the other hand,