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(영문) 서울북부지방법원 2012.02.16 2011고정2656

명예훼손등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 10:00 on March 21, 201, the Defendant stated to the effect that, among the council of occupants’ representatives held by the said apartment management office in Seoul Special Metropolitan City, eight apartment residents, three Dong representatives, and two employees other than the head of the apartment management office, the Defendant stated to the effect that “the term of office of the chairman of the election commission and one election management member is terminated and thus disqualified.”

However, the election commission composed of the above apartment management rules (amended on October 1, 2004) was unable to elect only four out of the total number of seven representatives of the above apartment buildings at the time, and it is confirmed by the Nowon-gu Office that the term of office of the victim D, the chairman of the election commission, is still in existence, despite being aware of the fact that the election of the representative of each building stipulated in the above management rules has not yet been completed, the election commission did not have to make a false statement as mentioned above.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

2. On March 22, 2011, the Defendant stated to the effect that, around 10:35, the victim and the E-Ban are together a victim and the E-Ban are located adjacent to the above C Apartment House 35-dong Guard, and that, among the apartment residents are entering the above apartment, the Defendant “the chairman and one election management member and one election management member are not qualified because their terms of office terminate

However, even though it was known that the term of office of the victim, who is the chairperson of the election commission, is still in existence, as mentioned in the above paragraph (1), the victim continued to have a legal dispute with the victim, and thus, he was willing to make a false statement as above.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

3. On March 24, 2011, the Defendant stated that “F candidates are unable to register as a result of document screening, and G candidates were removed from the document attachment,” attached to the 36 bulletin board and the elevator of the above apartment on March 24, 2011.”