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(영문) 부산지방법원 2016.10.28 2016노2643
명예훼손
Text

The judgment of the court below is reversed.

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

The Defendants did not pay a fine.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants, by mistake of facts or misapprehension of legal principles, installed a banner as stated in the facts charged in the instant case, it is intended to guarantee the right of occupants to know about the construction project to expand the apartment parking lot, so there is no intention to commit defamation against the Defendants.

In addition, since the contents of the above banner are true facts and are related to the public interest of apartment occupants, it is justified.

B. Each sentence of the lower court on the grounds of unreasonable sentencing (one million won of a fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court as to the assertion of mistake of facts or misapprehension of legal principles: (i) both the Defendants and the victim E are the occupants of the D apartment complex in Busan Dongdong-gu; (ii) Defendant B is the chairman of the D apartment management committee; Defendant A was the member of the D apartment management committee; and the victim was the auditor of the D apartment management committee; (ii) on July 2, 2014, the D apartment management committee held the fourth operating committee and resolved to remove part of the D apartment’s play facilities and construction works to change them into the parking lot; (iii) on August 22, 2014, the D apartment management committee constructed the above construction and completed the construction on September 1, 2014; and (iii) on September 30, 2014, the victim confirmed that “D apartment was removed from the above parking lot and used for the parking lot as a member of the D apartment management committee; and (iv) the Defendants visited the following 10 D apartment facilities without permission and removal of the parking lot without permission.”

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