명예훼손
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (fact-finding) ① The Defendant stated that D, as stated in the facts constituting the crime in the judgment below, “The cost of solving civil petitions to C was added to construction cost of KRW 2-30 million, but it should not be resolved, and the construction is delayed.”
② The above stated facts are false facts.
③ There was an intentional intent to impair the reputation of the victim by pointing out false facts to the Defendant.
2. Determination
A. Comprehensively taking account of D’s factual and police statements in the original trial and the facts charged, the Defendant acknowledged the fact that “The Defendant told C to the cost of solving civil petitions, which would have been KRW 2-30,000,000,000,000 for the construction cost, but would not have been resolved and delayed construction,” as stated in the facts charged.
B. In full view of the following facts acknowledged by the evidence duly adopted and examined by the lower court as to the falsity of the alleged facts, and the Defendant’s intentional act and the circumstances inferred therefrom, it is difficult to view the Defendant’s alleged facts as false facts that constitute a fact that may undermine social value or evaluation, and further, it is difficult to deem that the Defendant had an intentional intent to impair the reputation of the victim by pointing out false facts, and there is no other evidence to acknowledge it.
1) On November 8, 2016, the Defendant, while carrying out the construction of a studio building on the Defendant’s land located in Gwanak-gu in Seoul Special Metropolitan City, entered into a subcontract with the victim, setting the contract amount of KRW 130 million as to the structural amount for the structural construction, the waterproof of underground rooms, and the finishing construction of the studio construction among the above studio construction works. 2) On November 11, 2016, the victim entered into the subcontract by setting the contract amount of KRW 190 million with the K (Representative F) corporation and the Cudio construction.
3. In the event of the delay of the structural construction due to the interference of the regional housing association near the above construction site, the victim shall be the said regional housing association.