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(영문) 서울서부지방법원 2015.04.16 2013고정3074

명예훼손

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, from around 01:00 on April 16, 2013 to around 03:00, destroyed the victim’s reputation by pointing out a letter to the effect that “The public question with the thickness of the candidate for the president of the D resident representative meeting,” which was written in advance on the entrance door of each household of Eunpyeong-gu Seoul apartment building C, filed against the victim D as defamation, among the printed items of “public question with the thickness of the candidate for the president of the D resident representative meeting.”

2. The Defendant indicated at the date and time under Paragraph 1, at a place, that “the filing of a complaint against the residents living in the household shall remain at the center of the management office,” and that “the Defendant did not actually work with respect to the certificate of career that he worked in the management office at the apartment management office, and should give preference to the relevant company’s selection as the next controlled entity.”

However, there was no complaint or accusation against the neighbor, and there was no fact that the victim had been working as the manager in the apartment management office in the certificate of career.

As a result, the Defendant, by pointing out false facts, damaged the honor of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by witnesses D in the fourth trial records;

1. Seizure records;

1. Entics;

1. Application of CD-related Acts and subordinate statutes containing CCTV images;

1. Article 307 (1) and Article 307 (2) of the Criminal Act (the point of defamation in the course of actual defamation) of the relevant Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the crime No. 1 of the judgment, the defendant and his defense counsel stated that "the victim D filed a complaint against the victim's chairman as defamation." As to the victim's suspicion against himself.