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(영문) 부산지방법원 2015.12.03 2015고정1187
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Busan Northern-gu 101, and was the candidate who was sent from the 8th council of occupants' representatives to the president in the election of officers of the 8th council of occupants' representatives, which was implemented around December 22, 2013.

At around 19:00 on July 10, 2014, the Defendant heard about 40 persons, including 25 representatives immediately before the opening of the council of occupants' representatives, 10 residents, etc. in the office of the said apartment building D, while the victim E has not raised an objection to the result of the election or to investigate the illegality of the election process for a period exceeding 6 months after he/she was elected as the chairperson from the above election, and even though the decision was not made on the invalidation or invalidation of the election of the officer of the council of occupants' representatives by the chairperson of the apartment election management committee, the Defendant damaged the victim’s reputation by openly pointing out false facts.

Summary of Evidence

1. Each legal statement of E, F, G, H, and I;

1. Application of Acts and subordinate statutes on recording;

1. Article 307 (2) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition on the grounds of the main sentence of Article 186(1) of the Criminal Procedure Act or above.

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