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(영문) 서울동부지방법원 2016.06.28 2016고정190
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

From May 8, 2015 to May 30, 2015, the Defendant was assaulted by Dozzzers of the Strate Center D on October 6, 2014, as the title “Recommendations for dismissal due to abandonment of the duties of the representative of occupants” in front of the outside of the elevator in Seongdong-gu Seoul apartment complex, each Dong entrance, walls of the elderly, side of the elderly, and commercial toilets.

It was requested the chairperson, who is the chairperson of the tenant representative, to inform the chairperson of such fact and to take measures therefor.

However, although there is a clear violation clause in the service management contract with the present service management agency, the chairperson has continuously assisted and assisted the obligor for a period of one year.

In addition, even though it was requested to present it as an agenda item of the Dong representative meeting each month, it was continued to refuse to present it, and it was sent to the recent proof of contents, which is making a false assertion and avoid responsibility.

If the representative of occupants is the president of the tenant, he/she has continued to waive his/her duties in which a person who shall work for the protection of the rights and interests of residents has an interest with the Nice Center.

Along with approximately 140 printed matter of “.................”

However, in fact, the victim E(73 tax) notified the result of the tenant representative conference on April 29, 2015 on the demand of the defendant concerning the replacement, cancellation of the contract, abandonment of the representative director's duty, etc., and the victim did not have an implied or secret assistance for a period of one year, and there was no interest with the Pice Center and there was no abandonment of duty.

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

Summary of Evidence

1. With respect to the defendant under the witness E’s legal statement, the statement F of the police’s statement about E of the suspect interrogation protocol (including the statement in E) to the defendant, G, and H’s written statement about E of the police interrogation protocol, the collection and attachment of printed materials, the response to each case related to the use of the F of the police’s statement about E of the suspect interrogation protocol, and the response to the collective housing petition.

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