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(영문) 의정부지방법원 2014.02.05 2013고정1177
명예훼손
Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

Defendant

B is the Dong representative of the D Apartment 104 unit, and the defendant A was the representative of the D Apartment 107 unit, who was the representative of the 107 unit unit, and the victim F, the president of the council of occupants' representatives, had been in good appraisal with the victim F, the president of the council of occupants' representatives.

1. On November 5, 2012, Defendant B posted a public notice on two bulletin boards of the elevator in the above apartment 104-dong, stating that “F president sent to each of several residents having friendship with him/her (10 people) and sent pressure to G attorney-at-law to put them into pressure, and give preferential treatment of ESN exemption. If the F president has a relationship with him/her, he/she is a resident, and if there is no relationship with him/her, he/she is not a resident.”

However, there was no fact that the victim F was exempted from the attorney fees for those who have a relationship with the victim.

Accordingly, the defendant damaged the reputation of the victim F by openly pointing out false facts that the victim F used the position of the president of the council of occupants' representatives to engage in a monthly act in connection with E litigation.

2. On November 30, 2012, Defendant A signed a joint signature of “F Representative Removal Signature” with the content of “F Representative Removal” against H and five other than H residing in the foregoing apartment No. 104-2406, Nov. 30, 2012, stating that “F Representative is exempt from 10 households fee and required to maintain a friendly relationship with the principal.”

However, there was no fact that the victim F was exempted from the attorney fees for those who have a relationship with the victim.

Accordingly, the Defendant, using the position of the president of the council of occupants' representatives, damaged the reputation of the victim F by openly pointing out false facts in both aspects of the E litigation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G, F, I, J, and K;

1. Application of Acts and subordinate statutes to substitute pictures, life-sustaining photographs, and substitute news reports;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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