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(영문) 서울서부지방법원 2018.11.22 2018고정523
명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant is the chairperson of the Mapo-gu Seoul apartment tenant representative council.

In fact, the Defendant did not interfere with the work of the public book room from May 22, 2017 to May 26, 2017. However, the Defendant attached a notice on the bulletin board of 23 entrances of the Seoul Mapo-gu apartment complex B from May 2, 2017 to the 26th of the same month stating the false fact that “it is impossible to continue to operate the public book room due to the continuous interference with the official book room with the employees before the public book room,” and attached a notice of the results of May 2017 to the public book room from May 23, 2017 to the above place and the entrance door of the apartment book room from May 23, 2017, stating the false fact that “it is inevitable to continue to operate the public book, but it is inevitable to close the public book room.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Complaint;

1. Materials publicly announced for public announcement of inducements and public announcement of closure of public books rooms as a result of the representative meeting of occupants, May 2017;

1. Application of Acts and subordinate statutes to investigation reports (Submission of reference materials by complainants);

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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

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

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