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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2012.10.26 2012노1471
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal posted a document with the same content as the stated in the facts charged in the instant case, but the Defendant posted a document stating the facts that the victim, who is the chairperson of the council of occupants' representatives, arbitrarily uses the public funds of the instant apartment in order to inform the occupants of the instant apartment, and thus, the Defendant’s act does not constitute a crime of insult as justifiable act under the Criminal Act.

Nevertheless, the court below found the defendant guilty on the facts charged of this case, which erred by misapprehending the legal principles.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant asserted that the victim used public funds without permission by abusing his/her authority as the chairperson of the council of occupants' representatives and arbitrarily dismissed the guard staff, and became the representative by unlawful means, but there is no evidence supporting such argument by the defendant. ② Rather, the head of the apartment management office of this case stated in the investigative agency that the victim used expenses for landscaping management and construction work by resolution of the council of occupants' representatives and the victim did not have the right to dismiss the security guards and was elected by the chairperson of the council of occupants' representatives through lawful procedures (the investigation record 143, 144, 147 page), ③ the resolution for dismissal of the chairperson of the council of occupants' representatives against the victim was adopted at the council of occupants' representatives held on February 2012, but it appears that the council of occupants' representatives did not appear to have been subject to dismissal or disciplinary action against the victim in relation to each document prepared between the victim and the former chairperson.

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