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(영문) 춘천지방법원 속초지원 2016.07.27 2016고정36
명예훼손
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From November 1, 2004 to October 31, 2008, the Defendant is a person who served as the representative of the occupants of the Seocho-si apartment complex; the victim D is a person who served as the representative of the occupants of the above C apartment complex from January 1, 201 to December 31, 2014.

On September 8, 2015, the Defendant: (a) at the Defendant’s residence located in Seocho-si, Seoul High School 112 Dong 1001; (b) from January 2015 to June 2015, the victim was legally entitled to receive the payment of the cost of the temporary occupant of the above apartment; (c) at the representative meeting of the occupants of the above apartment that was around August 27, 2015, there was no discussion about the victim’s receipt of the cost of the purchase; and (d) there was no statement that the victim would return the cost of the purchase; (c) the former representative meeting D was “(D) at the end of the term of office on December 31, 2014, while the representative meeting was disqualified, 400,000 won per month, maintaining the representative meeting’s qualification as the president even after being disqualified; and (d) by May 2015, the victim was unfairly entitled to receive the payment of the cost of the purchase.

“Along with a false statement to the effect that it was sent through a content-certified mail to the New Music Safety Co., Ltd., a Co., Ltd. that is an apartment complex management company.”

Accordingly, the Defendant, by pointing out false facts, damaged the honor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police against D;

1. Each investigation report and minutes;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

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

1. Determination of the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order shall be based on the facts constituting the crime of the defendant.

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