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(영문) 서울동부지방법원 2016.04.14 2015고단2928
명예훼손
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On June 26, 2015, the Defendant is not a human being while broadcasting three above apartment units for the entire 114 households in the broadcasting room of Songpa-gu Seoul apartment management Dong, Songpa-gu, Seoul, for the foregoing three apartment units.

The dismissal was unfair because it had gone through the apartment work.

He was injured to the extent that he was required to undergo surgery, but he was not in need of it, and the scars who were found to be unfair to the extent that he did not need it.

“.......”

In fact, however, there is a problem such as that the victim D, E, and F changes the representative of the Dong and the occupants.

According to the decision of the committee of representatives of occupants, the management agency only requested personnel measures against the defendant, and there was no unfair dismissal of the victims because the comprehensive management of the committee for the resolution of the committee for the settlement of disputes has taken personnel measures for the defendant to work in the G apartment, and there was no reason to dismiss the defendant.

Accordingly, the defendant has damaged the honor of victims by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the witness D in the third public trial records;

1. Statement made by the police with respect to D (including the statement made by the E or F);

1. Request for the issuance of a complaint, a case of personnel issuance, a written confirmation, a case of atmosphere issuance, or a request for personnel issuance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 307 (2) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The defendant's assertion of the defendant and his defense counsel under Articles 70 (1) and 69 (2) of the Criminal Act were acknowledged as having been broadcasted as stated in the facts charged, but the victim's actual rejection of unfair dismissal is true and cannot be viewed as false.

However, in light of all the circumstances such as the type of employment of the defendant and the motive, background, and method of the crime of this case, the defendant and victims.

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