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(영문) 창원지방법원 통영지원 2018.12.10 2018고정181

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

On April 24, 2017, the Defendant: (a) on the bulletin board at the entrance of the C Apartment; and (b) on fact, there is embezzlement against the victim D’s play work.

Despite the absence of false information, the victim’s title “C apartment occupant’s open space” is that “the civil petitioner, who is the occupant of the C apartment, included a civil petition in the viewing with false information, and the civil petitioner (D) was elected by himself/herself as a general secretary by providing support for general affairs, and embezzlement for play projects implemented as subsidies for viewing in 2013 is made, and a civil petition is filed by providing false information, and the tenant’s thickness caused disadvantages to the public interest of C apartment in order to pursue personal interests by taking the position of the occupant’s general affairs.

In this paper, the author posted the printed matter stating the false fact that “live underground fish” and damaged the honor of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Plots (public notice given to the C apartment occupants' association);

1. Posting a notice on online civil petition consultation for viewing online, recording of conversations between the complainant and the victim, and recording of each recording [the defendant and his defense counsel that the defendant attached one copy on the apartment bulletin board of the apartment house, but the defendant did not know that he did not participate in the preparation of the printed article and did not intend to help security guards with an old age and body inconvenience;

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, D’s recording of conversations with the F in general, became the main basis for the defendant to file a civil petition related to apartment in viewing, and the defendant actively participated in some apartment residents, such as D’s notification of the method of filing an Internet civil petition, and it can be easily identified as what contents include D’s and children’s pictures.