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(영문) 울산지방법원 2018.12.20 2018고정586

명예훼손

Text

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

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

Reasons

Punishment of the crime

From November 10, 2011, the Defendant is a person who is in the position of president of a partnership for redevelopment and improvement projects for B houses in Ulsan-gu, Ulsan-gu (hereinafter “cooperative”).

On November 2017, the Defendant: (a) in the office of the second floor partnership of the building C in Ulsan-gu, Ulsan-gu; and (b) in fact, the victims belonging to the Emergency Countermeasure Committee of the union (hereinafter “Non-Subrogation”) have not contacted with the construction company separately for personal interests; (c) inasmuch as the non-party members have not contacted with the construction company for personal interests, the Defendant would have the right to execute the construction by contact with the 1,162 members of the association for a long time.

It is known that the contact has continued to be contacted.

The honor of victims was damaged by openly pointing out false facts by sending a “mid-gu B Business Notice” containing the content of the “B”.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's assertion argues that the defendant's non-Subrogation has long contacted other construction works, not false, but defamation against non-Subrogation members is not established, and even if not, it constitutes grounds for excluding illegality.

2. Prior to the determination, the key point of the information inquiry is false, contrary to the Defendant’s assertion.

Although Defendant asserted the above contents as truth, E, who actually prepared the notice, stated that the F, which was the chairman of the Non-Chairperson, had contacted with other construction works (the investigation record 32-34 pages), but the F, on August 2017, the situation of withdrawal from subrogation, and the Defendant.