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(영문) 청주지방법원 2014.11.20 2014고정619
명예훼손등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On June 5, 2013, the Defendant of defamation: (a) there was no fact that the victim D, the head of the above apartment management office, intended to close down the above apartment complex; and (b) there was no fact that there was any confusion among residents by making a fraudulent imposition of management expenses and by inducing conflicts; (c) there was a growing number of senior citizens and threatened households in conspiracy and intimidation in order for the Defendant to close the old complex. The Defendant damaged the reputation of the victim by openly pointing out false facts by attaching and posting a substitute bulletin stating that “The head of the Si Ems and the management office D and the head of the Dong E Ems and the head of the same representative Fols Association G would be able to close the old complex. The imposition of management expenses or fraud is conducted, and there is a conflict proposal among residents.”

2. Around February 6, 2014, the Defendant insultingd the victim D, the head of the above apartment management office, by entering the said apartment management office into and distributing the said apartment in a way of selling by mail the printed matter to the occupants of the above apartment building 120, or distributing the house visits to the residents of the same apartment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to field photographs, the former distributed by the suspect, the notice of public announcement, the overall list of the imposition of management expenses for the month from 2009 to 01, 2010 (Evidence No. 11), the president of the General Account (Evidence No. 12), the statement of the imposition of management expenses for September 2014 (Evidence No. 13), the audit report (Evidence No. 14), the audit report on the 12, 13 financial statements (Evidence No. 14), 14, the audit report (Evidence No. 15), the audit report on the 15 financial statements (Evidence No. 15), the statement of earned surplus from 2009 to 2010 (Evidence No. 16);

1. Relevant Article of the Criminal Act and Article 307(2) of the Criminal Act concerning criminal facts and the selection of punishment, and defamation.

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