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(영문) 수원지방법원 성남지원 2015.09.24 2015고단1653
명예훼손
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is appointed as an auditor with regard to the management affairs of the divided apartment in Seongbuk-gu, Sungnam-si.

On October 12, 2014, the Defendant posted the “Report on Special Audit Results” on the bulletin board of the first floor, 318-dong apartment (318-dong apartment). In doing so, the Defendant posted the “Report on Special Audit Results” on the attached document stating “a summary of the Defendant’s criminal suspicion” from January 2010 to January 201, 201:

1. In most of the co-offenders involved in the suspicion of crimes E (misappropriation and embezzlement);

2. The Attorney-at-Law Act violated the Attorney-at-Law and posted a notice of approximately seven million won.

However, the victim D was not the accomplice of E's breach of trust and embezzlement, but was sentenced to 7 million won due to the violation of the Attorney-at-Law Act.

Nevertheless, the Defendant, by openly pointing out false facts on the bulletin board, damaged the honor of the victim D.

Summary of Evidence

1. The defendant's partial statement in court (the statement that the facts themselves recognize);

1. Statement made to D by the police;

1. A bulletin board photograph, the accused's summary of the charge of the crime, a criminal investigation report (D. 2 accuseds' complaint) [the defendant alleged that the contents of his judgment posted on the bulletin board are true, and such acts are conducted solely for the public interest, and thus they do not constitute a crime. However, the crime of this case is an act posted on the bulletin board deemed to be a large number of occupants, such as the defendant's completion of the suspected facts, and its contents cannot be deemed to be true or solely for the public interest, and the defendant's argument is without merit

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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