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(영문) 부산지방법원 2016.05.12 2016고정625
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 shall be the chairperson of the Busan Young-gu Council for Residents' Representatives.

When revising the above apartment management rules, the victim D, who had been the chairperson of the previous tenant representative council, decided to include the criminal punishment of the victim and distribute it to each of the above apartment units on the ground that it would make a plan to permanently make the same representative or the chairperson of the tenant representative council unable to do so.

On August 7, 2014, the Defendant refers to the victim on or around August 7, 2014, and “A person who was punished by a fine or heavier punishment, such as embezzlement, interference with duties, misrepresentation of the chairman of the election management committee, alteration of private documents, etc., in relation to apartment business under Article 10-1(2) at least once, and the rooftop floor door and health string door, in bad faith, are divingd.

A person who filed a complaint with a fire station with a photograph and was subject to a disposition of a fine for negligence in the future of the resident representative meeting, who committed an abnormal act detrimental to the resident, who signed the resident's joint signature at least twice in the public in relation to the crossing and vision of the apartment house per paragraph 6, who was subject to criminal punishment after having filed a complaint with the police and the prosecutor's office, and who was subject to criminal punishment due to the preparation of a private document for qualification, the preparation of the document for investigation, the exercise of the document for investigation, and the obstruction of business, etc., as the chairperson of the illegal election management office under Article 21 (13), distributed "the comparison table of the Busan Urban Management Rules and the proposed revision of the apartment house" to the above 418 household units of

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes of the comparison table on the amendments to the management regulations;

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

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

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant's representative meeting of the occupants of the apartment of this case.

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