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(영문) 대전지방법원 2015.11.19 2015고정1092
명예훼손
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the general duty of the Daejeon Sung-gu C Apartment Seniors Association.

On April 5, 2015, the Defendant, at the residence of the Defendant in the above apartment, made a statement of intimidation that the Defendant would make all kinds of corruption around February 26, 2015 with respect to the victim D (the 106 representative representative of the above apartment), E (the 109 representative representative of the above apartment) and 109 representative of the above apartment, using the computer in the A4 form, and using the computer.

The 106 Dong, 109 Dong 109 representative would manipulate the meeting minutes of the representative meeting in order to rationalize their actions for matters that have been passed by a majority at the representative meeting.

The 106 representative of the center for senior citizens shall be free from questioning of the general affairs of the center for senior citizens, and he/she shall be accused of insult, etc. and under investigation.

“After entering the contents,” the victim’s reputation was damaged by openly pointing out the fact at each door of 704 apartment units around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A lake or marsh with a thickness of many residents;

1. Matters pointed out as a result of the C apartment audit;

1. A copy, etc. of a security service contract;

1. Responses;

1. Application of Acts and subordinate statutes to investigation report (final notification of the results of audit and inspection of the C apartment);

1. Article 307 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as provided for in defamation against victim D with heavier penalty)

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the assertion of the defendant and defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act to bear litigation costs

1. The victims' request for inspection that there is an accounting corruption in the C Apartment and operational problem, and the fine for negligence was imposed on the apartment and the dispute arises on the council of occupants' representatives.

On April 7, 2015, the residents are informed of this point to attend the residents briefing session.

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