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(영문) 전주지방법원 정읍지원 2017.06.29 2016고정185
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a resident of 102 Dong 301, Dong 102, Dong 301, and the victim D is the chairperson of the representative meeting of the above apartment occupants.

On February 3, 2016, the Defendant prepared a document stating that “an advice with a thickness of various occupants of the fixed Eup apartment complex, and with respect to the consent to dismissal of the chairperson of the resident representative council,” using computers and printers, at the office of the EOO attorney-at-law located in Jung-Eup, Jung-gu, Seoul, the Defendant entered the main text of the document stating that “Although the matters regarding personnel affairs of the management director are matters to be resolved by the resident representative council, it is the fact that the representative chairperson D has received unfair unemployment benefits by recommending the head of the management office to resign without a resolution of the resident representative council.”

However, on August 20, 2015, the fact that there was no fact that the victim, without the resolution of the tenant representative meeting, did not dismiss the F of the management office from the recommendation.

Nevertheless, on February 10, 2016, the Defendant distributed a document containing false facts to the victims of the apartment house located in Jung-gu, Jung-gu, Seoul, and damaged the honor of the victims by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D or G by the police;

1. Application of Acts and subordinate statutes to investigation reports (Submission of documents, recording records, etc. related to the case G);

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the minutes of the Representative Meeting of Residents of the apartment of this case shall be subject to a separate resolution on August 1, 2015, on the ground that the result of handling suspicions, such as misconduct, which the defendant raised against F, should be reported and deliberated on the agenda of disciplinary action against F at the extraordinary general meeting of shareholders of the apartment of this case.

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