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(영문) 대전지방법원 2021.01.27 2019노2602
명예훼손
Text

The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s mistake of facts constitutes a justifiable act because he intentionally or for the public interest, among the attempts to make a claim related to the repair of defects in apartment buildings at a public hearing.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. An ex officio examination was conducted on the basis of the fact that “the complainant had never expressed his/her motive to the defendant who had found it as a management office” in relation to what false facts were stated by the defendant.

“A request for amendments to Bill of Indictment was made with the content added, and this Court permitted it.

As the subject of adjudication was changed, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and it is again decided as follows.

[Re-used Judgment] The criminal defendant B is the director of the management office of the apartment in Sejong City, and the defendant A is the resident of the above apartment.

On December 28, 2018, at around 20:00, the Defendant is required to undergo a safety inspection of our apartment at the time of questioning and responding to questions at a place where there are many residents attending a public hearing of the first resident who attended the second apartment management office in the apartment house management office.

It is too long whether this is true

If 3.8 million won was inspected for 3.8 million won. 3.8 million won was received for now.

It is necessary to walk 43 million won.

Therefore, it is necessary to see whether the internal organ is asked to do so, so that the warden desires to prevent it.

needs to be taken to prevent any danger and injury.

How much the residents desire to deal with the civil petition in order to have the payment made.

The phrase "the complaint leaves and desires to leave the civil petition of the resident," and the phrase "if the complaint leaves or desires to leave the civil petition.

c) the statement that the payment of the money was made;

10,000,000 won has not been growing.

Therefore, it is necessary to prevent this from being done by the public interest return.

The other person has expressed his desire to do so.

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