2019 Many 696 Defluence

Residents (tentative name), 75 years old, South, and other projects;

Residential Ulsan

Reference domicile

Promotional leave (prosecution), Gim Young-gu Residents (Public Trial)

Attorney Full-time (Korean National Assembly)

May 15, 2020

Defendant B shall be punished by a fine of one million won.

However, the execution of a fine shall be suspended for one year from the date this judgment becomes final and conclusive.

When the above suspension of execution is invalidated or revoked and the defendant does not pay the above fine, the defendant shall be confined in the workhouse for the period calculated by converting the KRW 100,000 into one day.

Facts of crime

The defendant is a resident of the Nam-gu Seoul Metropolitan Government apartment ○○ apartment located in Ulsan-gu, and is a person who has more than NAV Banb (Ulsan ○ apartment residents' group).

1. On December 18, 2018, at least 18.22:14, Defendant 1 refers to the members of the ○○○ apartment occupancy representative meeting, the representative of which is the NAV on the NAV Round. In relation to the proposal, Defendant 2: (a) referred to the members of the ○○○ apartment occupancy representative meeting, the representative of which is the representative, and (b) referred to as “the number of residents is well-being; (c) on December 25, 201, if the ○○ apartment occupancy representative meeting was opened as a result of a temporary meeting of the council of occupants’ representatives in December 201, Defendant 1 merely used it as a custom, such as the usage of the 5th operating expenses, and did not consent to the personal proposal under the name of the resident; and (d) on which it is impossible to give consent to the personal proposal under his/her own name. At all times, Defendant 2 posted a notice to Defendant 2.

2. At around December 22, 2018:06:19, Defendant 1 referred to as “the victim representative meeting of 00 apartment premises located in the NAV Round, the representative of which is the representative. I want to talk about various residents’ well-being. Long-term Repair Allowance.” On November 10, 196, Defendant 1 sent the long-term repair allowance amount to 597,895,744 won in short-term repair appropriations (referring to photographs) to 10 items, and the amount of the underground parking lot floor floor construction work to be progress in the future is 658,200,000 won. It would be easy to talk that 10-year long-term repair appropriations was almost the floor of the apartment complex, and I would like to inform the victim of the fact that the high-end apartment can be used as a fluort, and I would like to know that it would be very low-end and low-end.

3. On December 29, 2018, at around 20:39, Defendant 2 referred to the members of the ○○ apartment occupancy representative meeting, the representative of the victim representative, on the NAV on the NAV on December 29, 2018, and thereby insulting the victim by putting the civil petition to the office of Nam-gu, Seoul, without reply, due to the demand for illegal use of the operating expenses of the representative meeting of the occupants and corrective measures. Before the preceding, the management entity has given this answer. The NAW has increased the base of the horse proposed at the end. In addition, the NAW will be given to the low match as a one-way gift in 2019.

Summary of Evidence

1. The legal statement of the defendant

1. Statement of the police concerning the representative;

1. Complaint;

Judgment on the mediation of the defendant and his defense counsel

The defendant and his defense counsel asserts that the expression "influence" is not a insult as referred to in the offense of insult because it is merely a part of the writing written by the defendant and it is not a direct expression of the victim, not a direct expression of the victim.

In the crime of insult, insult as referred to in the crime of insult is an expression of abstract judgment or sacrific sentiment that may undermine people’s social evaluation (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003). With respect to the evidence of this case, the following facts and circumstances are recognized. In light of the method of expression, purport, and context of the expression, it is determined that the expression refers to the member of the ○○ apartment residents’ representative council, who is represented by the victim representative. The place of posting this article is a bulletin board that can be seen by anyone of the members of the ○○ apartment residents’ representative council, who is represented by the victim representative. In light of this, even if the Defendant expressed in the process of criticism and emphasizing the unreasonable operation of the ○ apartment residents’ representative council, even if it is expressed, it is reasonable to view that the part of the Defendant’s meeting, including the victim’s representative member, should be an expression of the victim’s social evaluation as a character.

1. Relevant legal provisions and selection of punishment on the facts of crime;

Article 311 of the Criminal Code, Selection of a fine

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Articles 70(1) and 69(2) of the Criminal Act for detention in a workhouse (in case where a suspended sentence of execution is invalidated and revoked and the defendant does not pay the fine);

1. Suspension of execution;

Article 62(1) of the Criminal Act (Article 62(1) appears to have been expressed in the process of criticism and emphasizing the unfairness of the operation of the council of occupants' representatives; the defendant is the primary offender; the defendant is the primary offender; the degree of insulting expressions; the motive for the crime of this case; and all other circumstances that form conditions for sentencing as shown in the records and arguments, such as the records

Judges Jeong Jong-soo