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(영문) 춘천지방법원 원주지원 2017.09.21 2017고정46
출판물에의한명예훼손
Text

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

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

Reasons

Punishment of the crime

The defendant is the auditor of D, an incorporated association, and the victim E is a member of the above Association.

Around February 25, 2016, the Defendant: (a) at the lecture of the Yongsan-gu Seoul Metropolitan Government Yongsan-gu Seoul Metropolitan Government Building Party, the Defendant sufficiently knows that the aforementioned Association’s “2016 Regular General Meeting of Representatives” items of “the matters pointed out,” and that some of the persons attending a general meeting refers to the victim; (b) however, the Defendant made a complaint against repeated filing of a civil petition against the said Association from March 2015; and (c) made a statement to the effect that, for the purpose of slandering the victim, the Defendant distributed data under the name of the above members to the above general meeting, including stating, “it is not helpful to the development of the Association and the recognition and guidance of the inside and outside of the Republic of Korea,” stating, “It is difficult for the Defendant to repeatedly file civil petitions to the Association without any grounds, and that some of the persons present at the general meeting refers to the victim.” (d) The Defendant distributed the data under the name of the members at the general meeting.

However, around April 2015, the Ministry of Health and Welfare notified the above Association of the purport that multiple corrective measures are necessary, such as “necessary improvement that the actual execution details are not transparent because it does not require evidence such as separate receipts in the execution of the official seal program”, “in the case of legal education, the average difference per year exceeds KRW 100 million”, “necessary correction as soon as possible,” “The restriction on excessive voting rights need to be mitigated even if considering the importance and expertise of the position representing the Association,” and “the need to revise the standards for return of deposit money”. The above Association presented it as an agenda of the temporary board of directors for some matters, but responded to the purport that the contents of the corrective measures were rejected.

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