명예훼손
The appeal by the prosecutor is dismissed.
The summary of the grounds for appeal (legal scenarios) is that the Defendant committed an act of disturbing drinking alcohol around 00:0 on November 22, 2013, the Defendant received a disposition of notice of KRW 50,000,000 under Article 3 subparag. 20 of the Punishment of Minor Offenses Act, and paid a penalty, even if the Defendant was subject to the disposition of notice of KRW 50,000,000,000, and the penalty was paid, the facts charged of this case are as follows: (a) as at the time of the instant facts charged, the Defendant infringed the victim D’s honor by openly pointing out false facts; (b) thus, it differs from the offense of the disturbance of drinking alcohol and legal interests from the payment of the penalty.
Judgment
The lower court held that the facts charged in the instant case are as follows: “The Defendant, from around 23:20 on November 21, 2013 to about 40 minutes, destroyed the victim’s reputation by pointing out false facts to the effect that the victim had sexual intercourse with the husband’s husband from the second floor stairs of the C Apartment 101, 3-4 Ra, the above C Apartment 101 to about 40 minutes; and that the Defendant was under the influence of alcohol in the state of misunderstanding the husband’s relationship between the husband and the victim at the time, and caused a false statement of facts as described in the facts charged while the Defendant had sexual intercourse with the husband at the time, but was recognized as having committed the act of violating drinking alcohol disturbance before November 22, 2013.
“Along with Article 3 subparag. 20 of the Punishment of Minor Offenses Act, it is recognized that the penalty was paid upon receipt of a notice disposition of KRW 50,000,000. The facts charged in the instant case are identical with basic facts in time, place, means, contents and patterns, the other party, and the nature of the crime, and the payment of the penalty in accordance with the notice disposition is recognized as effective as corresponding to the final judgment. As such, a judgment of acquittal was rendered in accordance with Article 326 subparag.
Examining the reasoning for acquittal of the lower judgment by comparing it with the records, this case is examined closely.