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(영문) 서울남부지방법원 2014.01.20 2013고단413
명예훼손
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the three Dong representatives of Guro-gu Seoul Metropolitan Government, and the council of occupants' representatives.

Around 20:00 on August 20, 2012, the Defendant sought confirmation of the details and timing for the payment of various construction cost related to the apartment at the above C Apartment Management Office, and the victim E and the victim D did not receive any money from the husband of D and the management office or the apartment-related construction company. Although there was no fact that he had the management office arbitrarily dismissed the management office, the Defendant knew of the fact that he did not have to pay any money, “I am late, there is no money, and there is no money.” The Defendant knew of the fact that the rate is removed with the payment rate, the one rate is removed, and the one rate is removed, so I am old on the old day, the old one is not thought. The Defendant knew about the old and old one, and the Defendant knew that the husband of the old date, the husband of the Gu, the husband of the Gu, and that he knew the fact that he would not know the fact that he would damage the collection by pointing out the false statement about the fact that he would not know.”

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Statements of the accused in each part of the suspect examination protocol prepared by the prosecution, including D, E, F, G, and H;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 307 (2) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment as provided for Defamation against Victims E with heavier Crimes, but Selection of Fines)

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

1. In the absence of clear evidence for sentencing reasons under Article 334(1) of the Criminal Procedure Act, the fact that the husband of the victim D has committed corruption and the head of the management office has dismissed the victim with the mind is stated in the regular meeting of the council of occupants' representatives of apartment houses, and thus, it is not easy for the victims.

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