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(영문) 서울서부지방법원 2014.05.15 2013고정2466

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

The defendant is currently the representative of Eunpyeong-gu Seoul Metropolitan Government 11 apartment complex 306 Dong 2, and the victim D is a person who served as the representative of 306 Dong 1 Dong-dong.

1. On April 2012, the Defendant released him as a candidate during the 2nd election campaign period for the Second East Police Officer, and released him to the residents, including E, around the above apartment site, to the effect that “A 306 representative D has expanded the table of a house every time when the 306 representative D comes to B, and has not been the same as the representative,” thereby impairing the honor of the complainant by openly pointing out false facts.

2. Around 10:00 on September 11, 2012, at the above apartment management office around 308, where the head of the apartment management office E and the employees of the management office of the apartment in question have been employed, the following facts are impaired the reputation of the complainant by publicly pointing out false facts: “Notwithstanding the absence of the fact that the said representatives have inflicted damage on the apartment in spite of the fact that the said representatives have inflicted damage on the apartment.”

3. Around 19:00 on September 21, 2012, at the conference room of the above apartment building 308 Dong representative, the victim’s reputation was damaged by openly pointing out the false fact that “The first representative D caused the disturbance of three complexes, the third complex representative D caused the disturbance, and the third complex representative caused the disturbance of seven or seven lawsuits, and lost seven times in the lawsuit.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witnesses D, E and G to the Acts and subordinate statutes;

1. Relevant Article 307 (2) of the Criminal Act concerning facts constituting an offense and Article 307 (2) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;