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(영문) 서울동부지방법원 2015.08.12 2015노247

사문서위조등

Text

The judgment below

The guilty portion shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the grounds for appeal;

A. The copy of the document attached at the end of July 2010 (hereinafter “the document of this case”) does not constitute a crime of defamation, but merely attached to the document of this case that found that the defendant fell away from the floor, and the content of the document of this case that D was dismissed with the consent of 1/3 or more from one occupant with the consent of 1/3 or more from one occupant does not constitute a false fact. The defendant again attached the document of this case for the public interest. Thus, the defendant’s act does not constitute a crime of defamation.

B. On July 26, 2010 and March 24, 2011, the Defendant: (a) attended a regular meeting of the council of occupants’ representatives as an auditor; (b) stated that D, who was non-Confidence from one occupant, cannot proceed with the meeting in the capacity of the president of the council of occupants’ representatives; (c) did not spread false facts or interfere with business by force; and (d) did not appear on March 24, 201 as well as on March 24, 201.

C. As long as the Defendant did not interfere with business as above, the Defendant’s reply that he did not have been present as a witness on the trial date of the criminal case No. 2012 High-Ma619, Seoul Eastern District Court and that he did not have been able to proceed with D’s meetings does not constitute a false testimony against memory.

2. The facts charged in this case and the judgment of the court below

A. On July 2010, the Defendant of defamation 1) did not obtain the victim D’s written consent of 1/3 or more of the non-Confidence in the Songpa-gu Seoul apartment complex (one representative occupant) and was dismissed by the multi-family housing management rules, the Defendant of defamation 1/3 of the upper end of the year, i.e., “receiving: the council of occupants’ representatives: the council of occupants’ representatives: the director of the management office; the director of the management office; the director of the management office; the notification of dismissal under the non-Confidence of the residents’ non-Confidence of the representative: the main sentence of “one copy D” attached the non-Confidence written consent to the representative, i.e., one occupant, etc.