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(영문) 대구지방법원 2017.01.12 2016노2352
명예훼손
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not recognize that the Defendant was false at the time of the instant case and thus did not have an intention to defame the victim.

B. The know-how distributed by the defendant was immediately collected and there was no performance, and the above act of the defendant is about the public interest for the right voting of the occupants.

Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty, thereby affecting the conclusion of the judgment.

2. The Defendant was a person who worked as the managing warden of the Yongsan-si apartment (hereinafter “instant apartment”) from January 1, 2009 to July 31, 2013, and the victim D was in charge of the audit of the said apartment 108 Dong-dong representative and the occupant representative council from around 2013, and on March 1, 2015, the Defendant was elected as the representative director of the occupants’ representative at the 7-dong representative election of the said apartment.

On January 15, 2015, the defendant used a computer around 22:00 on the 7th East representative election of the above apartment building 108 Dong 108 Dong 108 Dong 2, the defendant used the above apartment building for "101 Dong 101 (low floor) representative of the present 7th Dong 28 February 2017) and 108 Dong 108 Dong 2, who are working as the representative of the present 7th Dong 201, by creating a false academic background and deceiving the occupants as follows, and is working as the representative of the next Dong 108 Dong 20.

(C) Around 250 copies were distributed in a way that sets up a notice of the following: (a) the head of the 6th unit office of each household (hereinafter “the head of the 6th unit”) stating that “documents (b) submitted at the time of the candidate for the representative of each household (as well as (c) 2) 108 representative university graduate - stroke (on the actual technical graduate)” (hereinafter “the instant notice letter”) was posted by posting a notice of the foregoing apartment 101 Dong and 108 representative’s door on each household’s door.

However, on August 22, 2009, the victims are Daegu Cyber University located in Jinyang-Eup in Busan-si on August 22, 2009.

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