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(영문) 수원지방법원 안산지원 2018.09.18 2018고정268
명예훼손
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant: (a) the general secretary director of the B apartment tenant representative meeting and the victim C works together with the chairperson of the B apartment tenant representative meeting; (b) the victim, who is the chairperson of the occupants representative meeting, shall be the complainant, and (c) on November 11, 2016, a complaint was filed with the branch office in the Suwon District Public Prosecutor’s Office, which located in the Suwon District Public Prosecutor’s Office, which received the charge of occupational embezzlement, etc. against the former representative. However, according to the result of the audit on the current status of accounting of long-term appropriation repair expenses, this was carried out with the consent of the executive officers of the occupant representative meeting, including the Defendant, such as the resolution of the resident representative meeting; (b) the Defendant was actively involved in the appointment of the attorney-at-law and the preparation of the complaint for personal appraisal by the victim; and (c) even if the victim did not unilaterally proceed with the procedure for filing a complaint against the former representative by personal appraisal, it is found that the victim did not follow the procedure for filing against the former representative.

E/F representative G is in the hearing of the victim, whether the victim did not have any accusation against the former representative.

around June 2017, H, who is an executive officer of the representative meeting of all occupants in the above B apartment complex, within the foregoing B apartment complex, had not filed a complaint, is not related to the complaint, and the chairperson alone had C.

The police station also refers to the police station's self-governing body, and around July 2017, I, the director of the management office in the above B apartment complex, "the victim, the chairperson of the tenant representative council, independently, proceeded with the lawsuit with the former representative of the B apartment complex.

The police station referred to as the “componing” at the request of the police station, thereby impairing the honor of the victim by openly pointing out false facts.

2. Determination

(a) relevant legal principles 1) In order to establish a crime of defamation, a statement of fact must be made and indicated.

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