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(영문) 대구지방법원 상주지원 2016.11.08 2016고정58
명예훼손
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C (hereinafter referred to as “the foregoing organization”) is an organization established for the purpose of compensating residents residing within 2 km in radius as door-si E is established in door-si, and the victim is the president of the organization from October 2010 to end of December 2011 and the head of the organization from around 2012, and the Defendant is the person who served as the auditor of the organization.

On January 20, 2015, the Defendant pointed out the error in the H2nd floor conference room located in G around literature-si, and distributed approximately 20 copies of printed materials containing the same contents to the residents, stating that “In accordance with the victim’s exclusive judgment, the Defendant caused enormous damages to the above organization as a result of the progress of the I’s establishment project with the fund of the above organization.”

However, the fact was conducted with the consent of at least 2/3 of the residents of the target area with respect to the establishment of I using the above organization fund.

As a result, the defendant openly damaged the reputation of the victim by pointing false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Statement to J police officers;

1. The complaint, the investigation report (examination of falsity of the timely facts) and the defendant defense counsel asserted that since the victim established I as a personal judgment without the consent of 2/3 or more of the residents with respect to the establishment of I, the timely facts are true and the illegality of C pursuant to Article 310 of the Criminal Act, etc. However, in full view of the above evidence, C has been engaged in the business of establishing I and purchasing I site through a meeting of the Steering Committee several times since its establishment on October 2010. According to the result of the meeting of the above Steering Committee, five persons including the defendant, etc. requested the Resident Support Consultative Body in the case of Seodaemun-gu on the ground that the victim decided the I project independently and applied for the suspension of funding.

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