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(영문) 서울북부지방법원 2018.10.11 2018고정464
명예훼손
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 Dong Dong and Dong Dong of Seoul Special Metropolitan City, Nowon-gu, Seoul, and the victim E is the managing director of the above apartment.

On February 15, 2017, the representative meeting of the occupants of the above apartment house determined the implementation of the project to replace the water supply facilities of the apartment house, and subsequently promoted the replacement project, such as the residents' briefing session, design and supervision service contract.

As above, Defendant 1 started to be a candidate for the president in the special election of the president of the tenant representative council of Jin-jin on May 22, 2017, when the replacement project of the apartment water supply center was being promoted. However, the following positions were followed in the position of opposing the replacement project of the water supply center after the falling.

Around September 19, 2017, the Defendant posted a written vindication that the Defendant’s request for dismissal of his/her representative was recommended, and that the Defendant made an explanatory document against the victim on the ground that the damaged person who is the head of the management office agrees to the above replacement project, through the election management committee, in order to slander the victim on the ground that he/she is an admission to the above replacement project.

However, there was no illegal involvement of the victim in the special election for the president of the tenant representative on May 22, 2017.

As a result, the Defendant, by pointing out false facts, damaged the honor of the victim.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Legal statement of witness E;

1. Non-prosecution decision (No. 12 No. 12 once a year);

1. Application of a vindication (No. 10) and on-site photographs (No. 11) and statutes;

1. Relevant Article 307 of the Criminal Act concerning criminal facts, Article 307 (2) of the Criminal Act concerning the selection of punishment, and selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The content of the vindication prepared and posted by the defendant is not false, but false, even if so,

The defendant is also the defendant.

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