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(영문) 대구지방법원 2020.09.23 2020고정725
명예훼손
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the tenant of Daegu Nam-gu B apartment, and the victim C is the representative of the present tenant of the B apartment.

On 10:30 on 10:10 on 2020, the Defendant, at around 10:30, divided the head of the management office and the talk with the apartment resident D in the above B apartment management office, saying, “A talking to talk with C. The Defendant provided entertainment to the residents who want to be represented by the resident himself/herself, and inciting them.”

However, the defendant was aware that the victim was the representative of the resident and did not instigates the victim to offer entertainment to the residents.

As such, the Defendant damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. The defendant and the defense counsel asserted that the defendant and the defense counsel actually paid meal expenses after the completion of the special meeting, and that the defendant's opinion that he provided entertainment was merely the expression of opinion, and that there was no awareness or intention of the defendant in a timely manner about false facts.

However, the auditor E of the above apartment management committee confirmed in an investigative agency that “only the only thing was provided before voting after resolving the case from the agenda at the time of the special general meeting, and no entertainment was provided, and the expense expenditure was generally made after the completion of the special general meeting, and the representative pays the receipt to the managing office at the time of the instant case.” Thus, the procedure problem is that the newly elected C pays by personal card at the time of the instant case.”

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