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(영문) 서울북부지방법원 2014.05.29 2013고정1129
명예훼손
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Since Article 310 of the Criminal Act concerning the denial of illegality does not apply to the acts falling under defamation by the statement of false facts, Article 310 of the Criminal Act concerning the crime of defamation is not applied separately.

The defendant is the present representative director of the D Association, the victim E, the former representative director of the D Association, and the victim F, the former director.

1. Around December 10, 2012, the Defendant sent “content Certificate” to 21 Seoul Metropolitan Government Sports Council, the Gyeonggi-do Sports Council, and the Gyeonggi-do Sports Council, by mail, at 131 post offices located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and “This Association was dismissed from office before E through the recent general meeting resolution. The grounds for dismissal of the former Representative and F director are related to embezzlement of public funds of the Association, and (a) the grounds for dismissal of the former Representative and F director were related to embezzlement of public funds of the Association.

The above "content Certification" purports that victims E and F embezzled public funds of the D Association, but victims of fact did not have embezzled public funds of the D Association.

The Defendant openly damaged the honor of victims by publicly pointing out false facts as above.

2. Around December 24, 2012, the Defendant, at the previous post office of the Doodong as indicated in paragraph (1), informed through this article that the former representative E of the D Association and the former director Fing that he had resigned through lawful procedures in accordance with the articles of incorporation of the incorporated association. Since it is no longer possible to report to son that he had been used as a means of punishment for the gambling of only one of the two people through sports education, this writing was written. (a) The Defendant sent to the president of the said G Association by mail along with the above content certification attached.

The purport or fact is that the above 'A' and 'A' have embezzled public funds of the D Association by victims E and F.

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