Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant, as a self-employed, was the president of the merchants' association who operated the clothing store in the neighboring commercial buildings in the B new commercial building building which is the victim.

피고인은 2012년경부터 피해자가 신사옥 신축공사를 진행하자 인근 상인들과 함께 영업피해 등 보상을 요구하여 오던 중, 2019. 3. 12. 06:00경부터 17:00경까지 서울 용산구 C ㈜B 본사 건물 앞에서 “죽은 자의 묘지가 B의 명당이네, 힘 없는 자 죽음 위에 대기업 활개치네, B는 삶의 터전 지킬려는 선량한 주민의 목숨까지 앗아가놓고 증거대라고 한 철면피 B!!!” 등과 같이 허위의 사실을 기재한 총 18개의 현수막을 대중이 쉽게 인식할 수 있도록 도로에 게시하는 방법으로 2019. 3. 12.부터 2019. 6. 5.까지 별지 범죄일람표 기재와 같이 공연히 허위의 사실을 적시하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police concerning L;

1. Determination as to the defendant and his defense counsel's assertion of the Frans Assembly (11 to 70th Session)

1. Although the gist of the argument is acknowledged that the defendant committed each act listed in the facts charged, even if the contents of banner are false, the defendant believed that it was true and there was reasonable grounds to believe that it was true, and its contents were about public interests, so illegality is excluded pursuant to Article 310 of the Criminal Act or the defendant's act constitutes an act that does not go against social rules and thus, illegality is excluded.

2. Determination

A. From around 2012, the Defendant claimed compensation for business losses, etc. with neighboring merchants in relation to the new construction of the victim’s new house, and specifically asserted that the Defendant’s words, who claimed compensation for business losses, etc. were dead on February 26, 2018, and that the cause of the death was the victim. The victim’s knife knife left towards the Defendant’s nife on the 24th of the same month.