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(영문) 의정부지방법원 2016.01.25 2015고정67
명예훼손
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant: (a) prepared a public notice in the office of the apartment management office of the above apartment in Yangju-si, stating that “The occurrence of property loss without any permission for the ten-year repair of defects” by using a computer was considered to have caused enormous loss to the occupants’ personal property and public facilities because he did not exercise the right to claim for the repair of defects within the exclusion period (extinctive prescription) for the ten-year repair of defects.

The phrase “the victim” refers to the victim at the bottom of the public notice, and “the law as above does not protect the potential person’s rights.”

In addition, the representative chairperson of the tenant representative meeting representing the deliberative body at that time must inform the occupants who have waived the right to claim for the repair of defects, and there is no need to hold them liable for the damages of the occupants.

The injured party renounced the right to claim the repair of defects and caused the damages to the residents, and the public notice was attached to the above 20 units of apartment buildings and on the bulletin board.

However, in fact, the victim, who was the representative of the 7,8th tenant, transferred his business to F, the representative of the 9th tenant tenant, and transferred his business plan for the repair of defects for ten years, and F transferred his business plan to the defendant, who is the representative of the 10th tenant representative, and signed and sealed by the defendant in his business report. Therefore, the victim did not waive his right to claim the repair of defects for ten years, and the defendant did not waive his right to claim the repair of defects.

The Defendant damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Legal statements from witnesses D, E, and F;

1. Statement of the police statement related to G;

1. Original of the public notice;

1. Copy of extraordinary meetings for organizing the 9th and 10th occupants' representatives;

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