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(영문) 인천지방법원 2013.09.06 2013고정2001
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the residents of Yeonsu-gu Incheon Metropolitan City, and the victim D is the head of the management office of the above C Apartment.

On November 8, 2012, the Defendant dismissed the head of the management office, who committed corruption, as it installed valves in order to cover 1/4 prices above the OSY valves stated in the existing estimate, at the time of replacing the water supply pipe and fire-fighting pipe, which was implemented on September 2012 to many unspecified apartment residents, such as E, who are apartment residents, within the above C apartment complex, and the Defendant distributed more than 100,000 printed materials in A4 size, and posted a letter to the same effect on the Defendant’s motor vehicle so that the above C apartment residents can be seen as residents.

However, the facts are as follows: (a) the victim also attended the meeting of the defendant and knew of the contents thereof; and (b) the victim, as decided by the council of occupants' representatives on July 5, 2012; (c) unlike the announcement of May 5, 2012 public notice of tender, shall require the use of valves as materials; and (d) there was no corruption related to the above construction as the chief

Accordingly, the defendant has damaged the reputation 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 F;

1. Application of Acts and subordinate statutes on hand, on-site photographs;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act are distributed with printed materials or posted on a motor vehicle as stated in the facts constituting a crime in the judgment, but the above contents are true and public.

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