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(영문) 전주지방법원 2016.08.23 2015고정749
업무방해등
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2015 High 1003] Defendant A is a female member of Yanju-gun D apartment, and Defendant B is the female president of “D” apartment.

In collusion, the Defendants, on February 12, 2015, damaged the reputation of the victim by openly pointing out false facts by distributing printed materials containing the following contents: “The victim E, who was the apartment management warden, did not intervene in the election of the representative of the apartment building; but the victim E, who was the managing warden, participated in the election, elected the representative of the apartment building by wrong election, thereby making the representative of the apartment building impossible to operate the apartment.”

Summary of Evidence

1. For the witness E and the F Defendant A, the statement of the witness F in the sixth public trial protocol is written.

legal statement

1. Statement made by the police for E;

1. Documents and photographs distributed by women's association, bareboat posts and guide photographs of bulletin boards and bulletin boards, official notices of resignation of the director's dismissal recommendation, letters sent by residents of apartments on handphones, election counting situation of executive officers, election counting situation of executives, official notices sent by women's association to the fund operating committee, A dispatch letters, and official notices sent by women's association to the fund operating committee, and official notices of request for disclosure of apartment minutes;

1. Application of Acts and subordinate statutes to investigation reports (verification of houses and excursion ships by the Gun/Gu office);

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 307(2) and 30 of the Criminal Act;

1. The Defendants detained in the workhouse asserts to the effect that: (a) Articles 70(1) and 69(2) of the Criminal Act / [the Defendants and their defense counsel] of the Criminal Act stipulate that the fact that the Defendants’ “E, the managing warden, participated in the election of the same representative; and (b) the operation of the apartment became inappropriate as it was true or true; and (c) there are reasonable grounds to believe that it is unlawful as it is for the public interest.

However, according to the above evidence, the contents of the article written in the printed article are judged to be false, and the overall contents, the phrases and expressions of the printed article, the motive and circumstances leading up to the Defendants to post the printed article, and the post of the case.

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