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(영문) 수원지방법원 2016.11.17 2016고정1685
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 18, 2016, at least 19:00, the Defendant, at the meeting room of the second floor of the 2nd floor of the Dong-si Management Office, in which the Defendant is residing, expressed the victim D to the extent of where the Defendant violated the Management Rules, and the head of the drinking gu, and the head of the Dong and the head of the Dong, where the head of the Dong, who was present at the meeting for the election of the representative chairperson and the resolution on apartment matters, and who was present at the meeting for the resolution on apartment matters.

However, the victim has been granted KRW 50,00 won for each gift certificate under the name of the tenant representative with seven other representatives in office as the representative, and there was a fact that the council of occupants' representatives continued to pay gift certificates to the same representative as a nominal gift, and there was no fact that the defendant, upon raising an objection thereto, did not unlawfully acquire gift certificates or embezzled public funds by returning it.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. A complaint;

1. The defendant and his defense counsel held that the purchase of merchandise coupons as operating expenses of the council of occupants' representatives and the provision on the use of the management rules and operating expenses are in violation of the investigation report (in case of the submission of merchandise coupons) and the defendant's defense counsel conducted with respect to the apartment of this case in Young-si. The defendant asserted that the expression was somewhat exaggerated but it is not false.

In determining whether the alleged facts are false, the overall purport of the alleged facts should be examined. Even if the representative of the apartment building of this case, including the victim, purchased and received merchandise coupons as operating expenses of the council of occupants' representatives, even if the representative of the apartment building of this case, including the victim, violates the management rules, the expression "feasible fe" and the instant case.

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