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(영문) 서울북부지방법원 2016.08.12 2016고정291
명예훼손
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who was a member of the promotion committee for the establishment of the Seongbuk-gu Seoul Housing Redevelopment Improvement Project Association, and the victim D shall be the chairperson of the above promotion committee.

In the middle of July 2015, the Defendant: (a) laid a banner indicating that the victimized person was selected as a maintenance business entity in return for payment from the Korea CM development; (b) in spite of the absence of the fact that the victimized person was selected as a repair business entity; (c) the C Chairperson was paid with the selection of the Korea CM by manipulating the quorum, etc. at the residents’ general meeting; and (d) the Chairperson of the C Redevelopment selected the Korea CM in return for money and received money in 2009, thereby impairing the honor of the injured person by openly pointing out false facts.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A complaint;

1. Notice of the conclusion of a service contract, materials of the residents' general meeting and minutes of the residents' general meeting;

1. Application of the statutes on the photographs of banners and photographs of banners;

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act in relation to the provisional payment order is true, and even if its contents are false, the defendant believed the contents of the banner mentioned in the facts charged to be true, while the defendant was a written action against the defendant that he would receive subsidies from the Korean Development of M&, the above company's selection as the maintenance company and increase in the number of members of the maintenance business and the situation where the resolution of the residents' general meeting that selected the maintenance company without being able to cope with the shares of the members of the maintenance business has been discovered, and put up the banner of this case in order to consider the normal progress of the selection of the maintenance company. Accordingly, the defendant's act of this case was solely for the public interest of the whole members of the above association, and

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