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(영문) 인천지방법원 2015.04.10 2014고정4015
명예훼손
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

On February 26, 2014, the defendant, at the entrance of the D Apartment 2 complex in Bupyeong-gu Incheon Metropolitan City and on the elevator bulletin board, the fact that the victim E, the chairperson of the council of occupants' representatives of the above apartment, paid the membership fees of the Bupyeong-gu apartment association as apartment management expenses, and did not use them for personal purposes, the defendant, despite the fact that he did not use them for the personal purposes, has damaged the reputation of the victim by publicly stating the fact that the victim E, who was the chairperson of the council of occupants' representatives of the above apartment, paid the membership fees of the Bupyeong-gu apartment association for the apartment management expenses. The second resident, who did not have any provision, "I see the thickness of the residents."

The gist of the Defendant’s assertion and defense counsel’s assertion is as follows: (a) the Defendant posted a notice stating that “the victim paid the association expenses of a private organization that does not have any provision from the management expenses” (hereinafter “instant notice”).

The Bupyeong-gu apartment federation is a friendship organization established with the chairperson or the representative of the Bupyeong-gu Incheon Metropolitan City as a member of the council of occupants' representatives or the Dong representative of the apartment in Bupyeong-gu's Bupyeong-gu apartment association, and its establishment, joining, and withdrawal is free, and is not an organization that is not enforced to establish and join pursuant to relevant provisions, such as the Housing Act, and thus constitutes "private organization without regulations". Since the victim paid the association expenses of the Bupyeong-gu apartment federation as management expenses, the notice of this case constitutes true facts.

In addition, after the defendant was elected as the president of the council of occupants' representatives of the apartment of this case, he posted the above article for the purpose of informing occupants of whether it is reasonable to pay the association fees of the Bupyeong-gu apartment association as management expenses.

Judgment

Whether this case’s posting is false or false.

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