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(영문) 대구지방법원 2017.10.11 2017고정1530
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 November 14, 2016, the Defendant is a person elected by the president of the Daegu Northern-gu Association of the C Merchants on November 14, 2016, who operates a restaurant in the said meat market.

Before being elected as the president of the above merchant's association, the defendant did not agree with the victim D, E, F, and the above market operation problem, which is the merchant of the above merchant's association, and did not conflict with the opinion, thus filing a criminal complaint or other dispute.

On November 25, 2016, the Daegu District Court rendered a judgment of each suspended sentence against the victims who were prosecuted for embezzlement on the part of the defendant's complaint, and on December 2, 2016, the executive officers of the said merchant's association ordered the victims to be expelled at the merchants' association. However, although the procedure for expulsion stipulated in Article 16 of the articles of association of the said merchant's association provided that the victims should be notified of the reason for expulsion and be given an opportunity to speak to the board of directors, such procedure was not implemented, and the minutes were not prepared, and the members of the merchant's association did not exceed 50-55, and it was individually notified to the members through verbal or inducement.

In doing so, the Defendant, around December 17, 2016, publicly announced on the bulletin board of the said market that “I, in accordance with Article 16 of the C Merchant Association’s Articles of Incorporation, the following persons are disqualified for C merchants pursuant to Article 16 of the C Merchant Association’s Articles of Incorporation.

The List of Names of Names: E (Embezzlement) : F (Embezzlement embezzlement of occupational funds): D (Embezzlement of occupational funds) : attached a notice stating the phrase “A/Steering Committee of the C Merchant’s Chairperson A/Steering” to cause damage to the honor of victims by openly pointing out facts by allowing unspecified and many people to display a notice to the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. E statements;

1. One copy of the public notice, rules, public notice, and bulletin board, C merchants' association' association, merchant association registration certificate, judgment, and public notice (inductants).

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