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(영문) 서울서부지방법원 2015.11.19 2015고정830
무고등
Text

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

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

Reasons

Punishment of the crime

The defendant was the chairperson of the Yongsan-gu Seoul apartment election commission, and D shall be the chairperson of the council of occupants' representatives of the apartment.

1. On September 18, 2014, at the meeting room of the council of occupants' representatives of the above apartment complex around 20:00, when the representatives of occupants including victims D are in the meeting, the Defendant got out of the meeting room after reading out the printed matter that slanders the victims for about 10 minutes. On the same day, at around 21:10 on the same day, the Defendant was unable to take care of the matter into the meeting room and bring the victim into the meeting room, and she was able to avoid disturbance.

Accordingly, the Defendant interfered with the victim's meeting of the council of occupants by force.

2. On September 22, 2014, the Defendant submitted a complaint to the public service center of the Yongsan Police Station in Yongsan-gu Seoul, Yongsan-gu, Seoul, stating that “D stolen seals from the Chairperson of the Election Commission around September 17, 2014. On the same day, he/she prepared a public notice stating that A is dismissed by the Chairperson of the Election Commission, using stolen seals, and posted it on the said apartment bulletin board, thereby impairing A’s reputation.”

However, there was no fact that D had stolen the seal of the chairman of the C Apartment Election Commission or prepared a written notice of dismissal by using the seal.

In this respect, the defendant was arrested for the purpose of having D receive criminal punishment.

3. The Defendant of defamation: (a) around 07:40 on September 30, 2014, the title “D shall inform any resident of his/her intention at 13 an apartment bulletin board of apartment in the above C apartment,” and “D, as a member of the election management commission, has stolen the seal of the chairman of the election management commission for the purpose of harming A by deceiving E, F, etc., who is a member of the election management commission, and has removed A from the chairman of the election management commission on September 17, 2014; (b) has damaged A’s reputation by posting it on the said apartment bulletin board; and (c) D around September 2013.

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