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(영문) 인천지방법원 2014.09.04 2014고정1068
명예훼손등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a member in charge of accounting of the Incheon Southern-gu Steering Committee for Apartment Housing from January 1, 2013 to October 9, 2013, and the victim E is the chairperson of the said apartment management committee from January 1, 2013 to October 1, 2013.

1. Defamation;

가. 피고인은 2013. 8. 25. 18:30경 위 D아파트 옥상에서 아파트 주민들이 참석하여 주민회의를 하는 과정에서, 사실은 피해자가 아파트 위탁관리 회사로부터 금전을 받은 사실이 없고, 피고인이 위와 같은 사실을 확인하지 않았음에도 불구하고 피해자를 지목하며 “회장이 아파트 위탁관리 회사와 금전적으로 유착되어 아파트 관리비가 비쌉니다.”라는 취지로 말하여 허위의 사실을 적시하여 공연히 피해자의 명예를 훼손하였다.

B. On October 5, 2013, at around 18:00, the Defendant attended a multi-family apartment parking lot to hold a meeting of the residents, the fact was that the victim did not enter into a side agreement with the apartment management company, and even if the Defendant did not confirm the above facts, the Defendant identified the victim, and did not enter into a side agreement with the apartment management company. The Defendant publicly damaged the honor of the victim by publicly pointing out false facts with the purport that “the chairman who loses his identity is the chairman of the non-member of the apartment management company.”

2. On August 31, 2013, around 04:30 on August 31, 2013, the Defendant obstructed the business operation of the apartment management committee of the victim by arbitrarily removing four posts posted in the name of the apartment management committee that “in order to clarify the problems raised by the Defendant, etc., as described in paragraph (1) as to the operation of the apartment management committee, the victim posted in the name of the apartment management committee, and by force, interfered with the operation of the apartment management committee of the victim.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

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