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(영문) 부산지방법원 2017.02.15 2016고정2657
명예훼손
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the Dong representative of Busan Seo-gu C apartment 309, and the victim D is the general director of the above apartment 2 and 3 complexes.

On November 21, 2015, the Defendant received an agenda item to the management office under the title of “the proposal to dismiss a general secretary-general”, and around December 8, 2015, the executives and the representatives of apartment houses gather and had them hold a meeting on the agenda item at a regular meeting on December 2015.

Among the contents of the agenda submitted by the Defendant, the contents of the “5.(b) official conference, such as “Is the Chairperson,” and “Is the Chairperson,” were included. However, there was no fact that the victim made the Chairperson, “Is the Chairperson,” at the official conference.

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 statements of witnesses D and partial statements of witnesses E;

1. Part of each protocol concerning the examination of the police officers in F or G;

1. In full view of the fact that the Defendant made a statement to the effect that “the victim may be dismissed at any time,” unlike the victim’s statement, was written in the statement to the effect that he/she was aware of the dismissal of the general secretary-general director, the materials of the regular board of directors in December 2015, and the minutes of the regular board of directors in December 2015 [the evidence of the judgment, it can be acknowledged that the Defendant’s act of stating the contents differently from the victim’s statement to the effect that “the victim may be dismissed at any time,” thereby impairing the victim’s reputation by pointing out false facts.”

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Application of Article 334 (1) of the Criminal Procedure Act to the Acts and subordinate statutes of the provisional payment order;

1. The Defendant’s summary of this part of the facts charged is around November 21, 2015.

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