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(영문) 창원지방법원 통영지원 2018.09.14 2018고정30
명예훼손
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is the chairperson of the promotion committee of the reconstruction and rearrangement project association for C apartment housing in Gyeongnam-do, and the victim D was a member at the time of operation of the promotion preparation committee of the reconstruction and rearrangement project association for the above housing.

Around March 5, 2017, the Defendant: (a) drafted an owner’s notice, such as land, to the effect that “the result of the residents’ general meeting is to be known on March 4, 2017; and (b) made a solicitation to the Defendant to the effect that “the injured party would cause the victims to work for the children working for the pertinent company” or “the children working for the pertinent company”; (c) despite the fact that the injured party did not have made a solicitation to the Defendant, the victim was not a preparatory member from the beginning; and (d) made him/her participate in the middle; and (e) made him/her request to work for the relevant company; and (e) there is a cooperation company that is well known in Busan E. also.

Although a private demand, such as introduction, was required to be made, (a) but at that time, the notice of the owner of the above land, etc. was made by mail to the 740 household members of the above C Apartment.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and F;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to advices on owners, such as filing of complaints and land to the residents' general meeting;

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. On June 2013, the Defendant again refused the complainant’s request to appoint a full-time executive at the time of establishment of a reconstruction association, and the complainants around March 2014.

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