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(영문) 광주지방법원 2015.11.05 2015고정596
명예훼손
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

On November 13, 2014, at the representative meeting of the occupants located in the Gwangju Mine Management Office, the Defendant, at around 20:30 on November 13, 2014, damaged the reputation of the victim by openly harming the honor of the victim by stating that “D has used apartment miscellaneous income at will while the representative meeting of the occupants is held by nine members of the council of occupants’ representatives, etc.” in the presence of nine members of the council of occupants’ representatives, including the members of the council of occupants’ representatives.

According to the evidence of the board, D's president of the tenant representative meeting has not been based on the management rules but has been disbursed as management expenses, and the miscellaneous income to be deposited and managed in the miscellaneous income passbook under the management rules has been deposited in the passbook in the general operating expenses, and even though the apartment residents requested the explanation of the above problems, D's failure to explain can be recognized.

Furthermore, at the time of the instant case, the election management members of the council of occupants' representatives, including the Defendant, were gathered in the office to discuss the dismissal agenda for the Chairperson D.

On the other hand, D has been in the position of the president of the council of occupants' representatives in this case for more than four years, and on February 4, 2015, Gwangju District Court 2015Kahap7 suspended the execution of the duties of president.

If the facts are as above, there seems to be considerable reason to suspect that D is useful for the miscellaneous income of the apartment.

Defendant

As it is recognized that D has demanded such suspicions, it is difficult to see that the Defendant was negligent in making efforts to confirm the facts.

Furthermore, if the management rules do not have the basis for the disbursement, it may be interpreted that the expenses for meal and singing have been used as miscellaneous income if the expenses have not been disbursed as miscellaneous income.

In light of the above facts, "D" apartments.

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