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(영문) 서울남부지방법원 2016.05.16 2015고정2085

명예훼손

Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the E Apartment Residents' Representative Council, and the defendant B is the same apartment technical director.

On April 13, 2015, the Defendants conspired and filed a complaint against the present representative A (702) and the present technical director B (105) of the official seal on the parking expenses for which the former representative FC (214) had not been imposed by the management director in and out of the entrance of the Guro-gu Seoul apartment site and the elevator inside and outside of the elevator. The Defendants filed a complaint against the present representative A (702) and the present official seal B (105) for intimidation.

“The” attached a written public notice to the effect that the victim’s reputation was damaged by publicly pointing out facts.

Summary of Evidence

1. The part of the Defendants’ statements in the first public trial protocol (a statement to the effect that factual relations are recognized)

1. The part concerning the witness G's statement in the second public trial protocol;

1. Statement of the police statement related to G;

1. A complaint;

1. Public announcements, such as bulletin boards;

1. Reference materials for complainants;

1. Application of Acts and subordinate statutes to a copy of the complaint (the Seoul Southern District Prosecutors' Office No. 2015 type 30961) and a copy of the non-prosecution decision (the Seoul Southern District Prosecutors' Office No. 2015 type 30961);

1. Relevant Articles 307(1) and 30 of the Criminal Act concerning criminal facts and the Defendants who choose a sentence: Article 307(1) and (30) of the same Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants and the defense counsel’s assertion that the contents posted by the Defendants are not likely to infringe on the victim’s social value or evaluation, and even if the contents are likely to infringe on the victim’s social value or evaluation, the contents were posted in the process of informing the occupants of the status of the lawsuit related to the representative meeting, which is for the public interest, and thus, the illegality is excluded pursuant to Article 310 of the Criminal Act.

2. Determination

A. The Defendants posted “former Representative FC(214).”