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(영문) 대구지방법원 2015.01.07 2014고정2236

명예훼손

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

The crime history (preliminary charge) of the defendant is the current chairperson of the representative of the C apartment occupant in Busan Metropolitan City, and the victim D is the former chairperson of the C apartment occupant of the above C apartment.

At around 19:00 on February 27, 2014, the Defendant, within the above C Apartment Management Office, destroyed the reputation of the victim by openly pointing out the following facts: “Around February 27, 2014, the Defendant prepared a computer in the above C Apartment Management Office, stating that “The Chairperson was assaulted with the head of the road by searching for the management office and assaulting the warden, and filed a complaint with the police (the warden is likely to make it difficult for the Defendant to perform his duties by giving strict stress, such as demanding KRW 7,200,000 under the pretext of medical expenses, etc. (the warden did not have the responsibility).”

Summary of Evidence

1. Partial statement of the defendant;

1. Compensation for delay in the commencement of elevator replacement works and reporting on the progress thereof;

1. Report on investigation (Submission of reference materials), and application of Acts and subordinate statutes as reference materials;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 500,000 won to be suspended of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the first offender who has no record of crime) asserts that the defendant and his defense counsel did not have any intention of defamation against the defendant, including the following: (a) the first offender who has no record of crime; (b) the circumstances that may be considered in the course of distributing the notice; and (c) the expressions that impair the victim’s reputation among the contents indicated in the notice distributed by the defendant are merely some of the factors indicated in the records of this case).

According to the records of this case, D, the representative of occupants on February 25, 2014, the defendant, who was the representative of occupants, delayed construction of the elevator works.