명예훼손
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a person who operates D Co., Ltd., and the victim E Co., Ltd. is a company which has continued legal disputes with D Co., Ltd. operated by the defendant with the subject of ownership of the operation rights of D Co., Ltd. in G Park in lots, such as Gyeonggi F.
The Defendant, on June 28, 2016, set up a banner stating “J within the I border located in Gyeonggi-do H” on June 28, 2016, and had been on the site.
K News reporters L suffered damage, such as the number of persons, etc. who were sold in a charnel house harmful to illegal points in the memorial park by the victim, etc., due to the lack of bereaved family members.
The purport of “the amount of damage caused by the aforementioned illegal possession exceeds KRW 1 billion,” and the above L, upon around 15:24 of the same day, posted the newspaper articles containing the above contents on the K News website.
However, the victim was operating a charnel house with a legitimate title, such as accepting the victim's right to operate a charnel house in the case of a provisional disposition application seeking the prohibition of selling a charnel house against D Co., Ltd. operated by the defendant, and winning the case. Therefore, there was no illegal possession of the wing house in the memorial park.
Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.
Summary of Evidence
1. Each legal statement of a witness M, N,O, or L;
1. Statement protocol and petition filed by the police against M;
1. Each decision letter, a written decision not to institute a prosecution, a fact-finding certificate, the K News News Council picture;
1. Application of each police investigation reporting statute;
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;
2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.