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(영문) 의정부지방법원 2016.01.05 2015고정2216
명예훼손
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On January 22, 2015, the Defendant was a person in charge of the position of female president of the Namyang-si apartment, and used his mobile phone (E) within the Namyang-si D, 706 Dong 109, around 15:13 on January 22, 2015, and was drinking by dividing F, G, and accounting expenses. He was the president of H apartment.

H Apartments were recovered from money.

2.7 million won was sent to I’s mobile phone (J) text messages and damaged the victim F’s reputation by openly pointing out false facts.

Summary of Evidence

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on the screen by cutting down letters with a camera;

1. Article 307 (2) of the Criminal Act applicable to the facts constituting an offense;

1. A fine not exceeding 500,000 won to be suspended;

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 concerning the order of provisional payment;

1. As to the assertion of Article 59(1)(1) of the Criminal Act of the suspended sentence, the defense counsel asserts that the statement of the instant case is true and the Defendant’s act is solely for the public interest, and thus constitutes a ground for rejection of illegality.

According to the above evidence, the victims filed a complaint with the purport that they caused damage to the representative meeting of apartment occupants by entering into an accounting audit contract with excessive cost, but not prosecuted. On the other hand, the grounds for determining that the facts alleged in the statement were true existed in neighboring H apartment and that there was a significant difference between the appropriate amount revealed in H apartment and the audit cost of the apartment of this case, which alone exceeds a simple doubt, and the defendant entered into an accounting audit contract with excessive amount and received a return of some of them.

In light of the fact that it is difficult to readily conclude the instant text messages, and that the content can be seen as objectively concluding the victim’s breach of trust.

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