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(영문) 서울남부지방법원 2014.07.22 2014고정91
명예훼손
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the chairperson of Gangseo-gu Seoul Metropolitan Council of Residents' Representatives, who was the chairperson of the council of occupants' representatives, from July 2012 to June 2012. The victim D is the person who was the chairperson of the council of occupants' representatives.

In fact, the Defendant: (a) did not confirm the fact that the victim D set off corruption, such as arbitrarily embling the management expenses for apartments with “E” and “E”; (b) did not pay the management expenses; and (c) took many management expenses from the occupants; (d) on August 16, 2012, at the above apartment management office, the Defendant posted a statement to the effect that, “D’s meeting, at the meeting of the above apartment management office, four other representatives (G, H, I, and J), “D’s meeting,” “E, once the chairperson of the apartment management office,” and “D’s large number,” and “D’s public announcement to the effect that, from the beginning of September 2012 to the police officer of the above apartment, the president of the resident representative council, who received 20,000 won of the management expenses for the apartment, was distributed to the occupants, by openly pointing out the victim’s reputation or the former part of the management expenses,” and continued to spread the same to the effect.

Summary of Evidence

1. Each legal statement of witness D, F and G;

1. A complaint;

1. A copy of content certification, a copy of leaflet, and a copy of fact-finding certificate (joint signature of input residents);

1. Application of Acts and subordinate statutes to report on investigation (verification of details of handling cases in which a criminal suspect files a criminal complaint through consultation, such as occupational embezzlement, etc.);

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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