(영문) 서울중앙지방법원 2016.09.21 2016고정967

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(영문) 서울중앙지방법원 2016.09.21 2016고정967

명예훼손

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

While the Defendant leased and used a building C owned by the victim, there is a dispute in relation to the return of deposit due to the termination of the lease term, and around July 17, 2015, the deposit amount that has not been returned at least KRW 150,000 for the public interest shall be immediately refunded to the first floor of the E building owned by the victim C located in Seocho-gu Seoul Metropolitan Government, and the deposit amount that has not been returned at least KRW 1,50,000 for the public interest shall be separately acquired during the interior period of six weeks from the end of the lease contract, and then the amount of six weeks from the end of the lease contract shall be deducted from the deposit amount by extending the lease term of six weeks at the discretion of the lessor.

The phrase “,” written in A4 paper 48, and attached it.

However, on June 10, 2014, when the Defendant entered into a lease agreement with the victim, the lease term is set as of July 22, 2015, and the Defendant agreed to pay management expenses and public charges during the period of interior works, and there was no fact that the Defendant, the lessee, at his/her own discretion, obtained management expenses and public charges during the period of interior works, or extended the lease term at his/her own discretion during the period of six weeks by subtracting the amount equivalent to 15 million won from the deposit.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes proving a real estate lease agreement, a copy of notices, and content thereof;

1. Article 307(2) of the Criminal Act applicable to the relevant criminal facts, Article 307(2) of the Act on the Selection of Punishment, and Article 307(2) of the Act on the Selection of Fines (the Defendant did not commit

One of the arguments is that the mother of the defendant is not well aware of the circumstances in which the article was posted in glass and its contents, and it is proved that the defendant sent it before the notice of this case.

참조조문

-형법 제307조 제2항

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