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(영문) 인천지방법원 2015.10.08 2015고정691
명예훼손
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant and C are residents of Bupyeong-gu Incheon Metropolitan City D apartment.

Since the common funds of the occupants, such as apartment management expenses, are managed as an individual passbook of the victim E, which is the former president of the autonomous council, the defendant and C established a complaint that the execution of the fund is not transparent, and made the residents gather together with the underground room around May 18, 2014.

On May 18, 2014, the Defendant collected 20-30 apartment residents from the above apartment space room around 21:30 on May 18, 2014. The Defendant stated that the former president E, the former president E, and the former president F, used the difference in the elevator repair cost or 70 million won for repair of defects in around 2003, and embezzled them individually. However, the Defendant stated that “E and F, if the E and F were to have KRW 3 million, the elevator construction of the apartment is sufficient to have the differenced KRW 12 million, and he arbitrarily used part of KRW 70 million for personal purposes.”

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. Each legal statement of witness G, H and I;

1. Application of Acts and subordinate statutes to report on investigation (report attached to written agreements on the preparation of suspects and complainants);

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

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

1. It is so decided as per Disposition on the grounds of the main sentence of Article 186(1) of the Criminal Procedure Act or above.

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