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(영문) 울산지방법원 2015.10.23 2015고정655
명예훼손
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. The Defendant of defamation on July 30, 2014 is a resident of Yangsan-si apartment and the victim D works as the head of the management office of the said apartment.

On July 30, 2014, the Defendant, at around 21:10, damaged the reputation of the victim by openly stating the false fact that “If the victim conspired with the president of the council of occupants’ representatives and did not have any double payment of the management expenses, there is considerable amount of 10 persons, such as the representative E, etc., including the fact that the victim did not honor the management expenses or have any double payment of the management expenses, and the external audit of the management expenses is also not trustable, and if the re-audit on this part is not conducted, the head of the management office and the president of the council of occupants’ representatives shall be deemed to have taken advantage of the management expenses.”

2. On December 4, 2014, the Defendant of defamation: (a) prepared a document stating that the head of the management office, who is the subject of managing the management expenses, unduly disburses the apartment management expenses or has good interest under the title “for submitting a written petition,” at the C Apartment Complex Center around December 22, 2014; (b) distributed it to nine members of the Senior Citizens Association, and attached it on the bulletin board of each apartment group; and (c) the Defendant directly attached the said document.

However, in fact, the victim did not have unjustly executed or returned the items of deposit out of the apartment management expenses, and the defendant filed a civil petition with the same content to the Gyeyangsan Viewing, and received a reply that the management expenses were lawfully executed from the Gyeyang Viewing around November 26, 2014, so such fact was sufficiently known.

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. Legal statement of witness F;

1. Each fact-verification of G, E, H, I, J, and K;

1. An audit report on financial statements;

1. Free viewing:

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