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(영문) 서울남부지방법원 2018.06.01 2018고정68
명예훼손
Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Criminal facts

From July 29, 2017 to July 30, 2017, the Defendants conspired with each other, and the fact that four persons, including the victim G, embezzled the apartment management fee or lack of the balance of the management non-account, the Defendants are unable to reach the total amount of KRW 33,240,339, as a result of a thorough examination by visiting each of the above apartment units to the part of January 2017 to the part of July 2017.

The public notice of the phrase “,” was circulated, thereby impairing the honor of the victims by openly pointing out false facts.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement of G police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. The Defendants: Articles 307(2) and 307(2) and 30 of the Criminal Act; the Defendants’ choice of punishment and applicable law regarding criminal facts

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendants were believed to believe that the timely facts were true, and there are reasonable grounds to believe so, so the illegality of the Defendants is excluded.

2. For the purpose of not punishing an act that defames a person by openly pointing out a fact-finding, the alleged fact is related to the public interest when objectively seen, and the actor is also required to indicate the fact for the public interest. Moreover, the alleged fact is true or at least the actor believed to be true, and there is reasonable ground to believe such fact (see, e.g., Supreme Court Decision 2002Do3570, Sept. 24, 2002). The following circumstances acknowledged by the evidence duly adopted and duly examined by the court, namely, ① the Defendants discovered the fact that the balance of the previous month and the balance carried forward before the previous month are inconsistent with the record of imposition of management expenses, and on July 27, 2017.

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