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(영문) 서울중앙지방법원 2016.11.24 2016고정1433

명예훼손

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant A is the chairman of the council of occupants' representatives of the Gangnam-gu Seoul Metropolitan Government F building (hereinafter "the instant building"), and Defendant B is the vice chairman of the council of occupants' representatives.

At around 12:00 on July 20, 2015, the Defendants conspired to put up for a long-term card and skinet stating the following: (a) on the street of the instant building: (b) on the ground that the shop owners, such as the victim H, etc., operating the “G Lee Jae-gun” in the sales of the instant building, caused conflicts arising from the use of common areas, such as the side of the council of occupants’ representatives, elevators and special escape, and formed a separate commercial building management body; and (c) on the part of the council of occupants’ representatives, the Defendants came to a mutual vision and opened a separate commercial building management body; and (d) on the outer wall of the instant building, the Defendants posted a banner stating the following: (a) “I am out of this part of the G Lee non-person, who would promote the welfare of residents by mobilization of violence.”

However, in fact, on July 15, 2015, the head of the administrative office I with G non-in-person department cut off the electronic device of the RF card device installed in the special escape escape entrance from the 7th floor to the 3rd floor above the ground of the building of this case from the new wall of this case on July 15, 2015, but there was no fact

As a result, the Defendants conspired to make a false representation in public, thereby impairing the honor of the victim.

2. The facts constituting the elements of a crime charged in a criminal trial for judgment are the prosecutor who bears the burden of proof, whether it is a subjective element or an objective element. Thus, in a case prosecuted for defamation by a false statement of false facts under Article 307(2) of the Criminal Act, the fact of harming the social evaluation of a person was revealed, and the defendant is aware that the alleged facts do not conform with objective truth and are false.