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(영문) 대구지방법원 포항지원 2014.12.12 2014고정338
명예훼손
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

The defendant is the director of the North-gu C Apartment Management Office at the port of port, and the victim D(51) is the resident living in the above apartment 104 Dong 2502.

On May 2, 2014, the Defendant: (a) on the 30 bulletin boards in the apartment complex on the apartment complex; (b) on the title that “Don's postal inputs to the household”; (c) on the title that “Don's postal inputs to the household”, the Defendant:

(a) the President of the C Apartment E is the son of Nitch;

(b) has interfered with the progress of voting at the time of election of the Chairperson of the Representatives of Residents, and has threatened the Chairperson and the Auditor to take measures of accusation at port due to the expansion of power failure, even after the election day; and

(c) in witness of the council of occupants' representatives and interfere with the progress of the meeting.

In addition, recent years, the management office has used violence (the act of borrowing books).

(e) was assigned to the Director of the F Apartment Management Office ( approximately eight months of service);

F. Until now, the management office has the renewed discretion to suspend the proceedings of defect lawsuits.

The victim’s reputation was damaged by openly pointing out facts by attaching a notice stating “the above apartment residents” so that it can be seen by the above apartment residents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Protocol of seizure (Article 47 pages);

1. The application of Acts and subordinate statutes to postal inputs by household residents;

1. Relevant Article 307 (1) of the Criminal Act concerning facts constituting an offense and Article 307 (1) of the Selection of Punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. Although the alleged defendant prepared and attached a notice on the facts of the instant crime, it is not illegal because it is for the public interest due to true facts.

2. Determination

(a) Even if he/she defames another person in criminal or civil form, it is true and solely for the public interest.

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