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(영문) 부산지방법원 2016.02.03 2015고정4093
명예훼손
Text

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

2. The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the chairman of the apartment management committee of the apartment complex D 89 complex, and the defendant B was the representative of the apartment.

On December 2, 2014, the Defendants distributed promotional materials pointing out the error of the apartment representative group by the victim E, who was sent to the candidate during the process of a new selection of the representative of the above apartment occupant, to the extent that the promotional materials pointing out the error of the apartment representative group were distributed in response thereto, and to post a public notice to oppose

The defendants knew that the damaged party did not look at the construction cost of KRW 150,000 of the above apartment complex and did not look at the damages, and that the 16th election of the above apartment complex was not made twice due to the victim.

Nevertheless, on December 26, 2014, in all of the above apartment complexes located in the Busan Northern-gu, Busan Northern-gu, published a notice stating the false fact that "the victim caused the damage to the construction cost of KRW 150,000,000 of the apartment complex by failing to construct the apartment complex 89 complex, and making it possible for him to hold two elections in one month."

As a result, the Defendants conspired to make a false representation in public, thereby impairing the honor of the victim.

Summary of Evidence

1. Protocols concerning the interrogation of suspects by the prosecution against the Defendants (including the replacement of the Defendants)

1. A report on investigation (report on review as to whether it is re-written);

1. Submission of additional evidence;

1. Public announcement;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 307 (2) and 30 of the Criminal Act concerning the selection of punishment for a crime;

2. Article 70 (1) and Article 69 (2) of the Criminal Act for the attraction of a workhouse.

3. Determination as to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The Defendants did not explicitly indicate false facts, and the Defendants’ act of posting the notice constitutes an act of not having illegality in accordance with Article 310 or 20 of the Criminal Act.

2. Determination

A. Whether the content of the public notice is true (Article 310 of the Criminal Act).

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