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(영문) 창원지방법원 통영지원 2018.04.30 2017고정429
명예훼손
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, on the grounds that the complainant, a non-resident resident who is the general secretary of the Seoul Apartment Association, demands the perusal of the account books of the Autonomous Association, was willing to sell that the complainant spreads false facts in the desire to account for the Autonomous Council, and reported false facts in the audience viewing, thereby impairing the public interest of the apartment.

As such, the Defendant did not have any false assertion that D, the complainant, was elected as a general secretary of the autonomous council, and there was no false statement that D was embezzled as embezzlement for the viewing of the autonomous council, and that there was no fact that it was detrimental to the public interest of the apartment. Nevertheless, on April 23, 2017, the Defendant asserted that “(D) was elected as a general secretary by means of computer and flurg, in the Defendant’s dwelling at the Defendant’s dwelling, which was located on April 23, 2017, using computers and 421, the Defendant used a computer and flurg, and made a false assertion that “(D) was elected as a member of the civil petitioner himself/herself,” and that there was embezzlement for the play operated as a subsidy for viewing in 2013, and filed a civil petition by providing false information to the occupants, thereby causing disadvantages to the entire public interest of the C apartment to pursue an

The author prepared the false content of the "live underground view", inserted the victim's photograph taken from CCTV for crime prevention, filled out 16 copies of the printed materials (a4 paper 5 copies) in the "E" (A4 paper 16 copies). On April 24, 2017, on April 24, 2017, by attaching them as a favorable tape on each passage of the C apartment complex at the time of a show, thereby impairing the reputation of the complainant by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Inquiries about facts;

1. Application of inducements (E) and online civil petition consultation 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186(1) of the Criminal Procedure Act, which means the cost of lawsuit.

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