logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.10.19 2017노529
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant believed that the victim was elected by the illegal procedure and there was a reasonable reason to believe that the Defendant was elected by the election. Thus, the act indicated in the facts charged in this case does not constitute the expression of false facts.

In addition, the illegality of one election procedure is excluded because it is for the public interest.

2. Judgment on the grounds for appeal

A. The lower court determined that the meaning of “the person who was elected in violation of the Election Act” that the Defendant told appears to the purport that “the victim is a person who was elected as the representative of the tenant pursuant to the procedure violating the election regulations of the apartment C (hereinafter “the apartment of this case”).” In full view of the following circumstances acknowledged by the record, the victim did not appear to have been elected as the representative of the tenant pursuant to the procedure violating the election regulations of the apartment of this case, and the victim appears to have publicly known that “the person who was elected in violation of the Election Act” was “the person who was elected in violation of the Election Act,” and there was considerable reason to believe such fact.

It is difficult to see even

The decision was determined.

1) On September 2015, the instant apartment management committee (hereinafter “the instant apartment management committee”) obtained the registration of the candidate for the president of the 5th tenant representative meeting via the around-road management office, and allocated the victim Nos. 1 and 2 marks to the Defendant according to the order of receipt, and made the public announcement of the registration of the candidate on September 23, 2015.

In the election that was implemented on September 30, 2015, the victim was 68 votes and 44 votes of the defendant, and the victim was decided as the elected person of the representative meeting of the occupants.

2) At the time, the regulations for the election management of the instant apartment set forth in Article 28(3) regarding the allotment of the candidate’s marks, “the candidate’s marks shall be determined by lot after the completion of registration, by the candidate or his agent.

(b).

arrow