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(영문) 수원지방법원 2018.06.28 2017고정2624

명예훼손

Text

The Defendants are not guilty.

Reasons

1. Defendant A is the chairperson of the Dong-dong apartment unit D in Suwon-si, E is the 102 representative of the above apartment unit, and Defendant B is the father of the audit fund of the resident representative of the above apartment unit.

On March 24, 2017, the Defendants conspired with the Defendants, and drafted a printed article stating the phrase “A, at the A’s house with the above apartment No. 101 1302, the phrase “D apartment residents,” such as “The occurrence of any event,” stating the current representative of women Dong, who, in turn, endeavor to have see the long-term deficit of our apartment and to leap with the apartment, have resigned, and that, at the last time, have been in bad faith group, who will use the money of the public part of the apartment as personal money.”

However, there was no objective evidence or investigation result as to the fact that the victim G, the former representative at the time, used the public funds of the apartment, and there was no objective evidence or investigation result, so the victim as the defendant could not be determined as having committed the above act.

Defendant

A and E prepared approximately 300 copies of printed articles containing false facts as above, and Defendant B distributed them to residents by placing them in mail in the apartment complex, thereby impairing the honor of the victims.

2. We examine whether Defendant A and B conspired with E to impair G’s reputation.

First of all, among the evidence shown in support of the fact that Defendant A conspired with Defendant A, the witness G’s legal statement and the statement made at the investigative agency of Defendant A, among the evidence that Defendant A conspired with Defendant A, are presumed to have been prepared by Defendant A for the reason that Defendant A had a dispute over several times of criminal complaints, etc. According to the investigation report (CCTV investigation), the investigation report shows one of the white paper around 11:10 on the day of the instant case, and entered Defendant A’s residence by 12:17 on the day of the instant case. Defendant A’s statement around 14:28 on the day of the instant case.