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(영문) 서울북부지방법원 2017.01.13 2016나2718
중상해로 인한 치료비와 위자료
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 2,000,000 won and 2,000 won.

Reasons

1. Facts of recognition;

A. On November 12, 2013, the Plaintiff’s defamation against the Defendant: (a) on the elevator bulletin board of each apartment unit in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, “A person deprived of the right to know of residents who wanted to know the residents of the above apartment unit” (223-A Dong representative) is punished pursuant to the Act; (b) the current representative chairperson D, who seeks to remove or dismiss the representative 223-A Dong representative, 1.50 million won or more of the amount, such as cash, long-term repair reserve, repair reserve, etc., from the management expenses paid by the resident, was accumulated at least 1.5 billion won of the amount, such as the organized class D books, E books, Fs, G, and B, by taking part of the rebates which was practice at the time of the apartment construction work; (c) 60% of the total apartment unit, F and E, 20% of the remainder, and 20% of the amount of damage to the victim’s reputation and 1.

B. The Plaintiff was sentenced to a fine of KRW 1,50,000,000,000,000,000,000 won by posting the above printed materials, and the Plaintiff’s appeal was dismissed, and the said judgment became final and conclusive. After which, by posting the same printed materials, the Plaintiff was again indicted on the ground that the Plaintiff damaged the reputation of D, F, E, H (this Court No. 2014, 1199), and the Defendant (this Court No. 2014,No. 1765) by posting the same printed materials, and then prosecuted each of the above charges of defamation was also acquitted on the ground that it constitutes a crime of defamation and universal offense of this Court No. 2014,55.

C. The defendant's assault against the plaintiff.

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