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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. Notwithstanding the absence of the fact that the victim B was serving in prison due to the crime of embezzlement of public funds, the Defendant: (a) called, “B has served in prison as embezzlement of public funds” by phone call from October 5, 2018 to October 22, 2018 to “B has served in prison as embezzlement of public funds”; (b) thereby impairing the honor of the victim by openly pointing out false facts.”
2. Notwithstanding the absence of the fact that the victim B was serving in prison due to the crime of embezzlement of public funds, the Defendant, at around 13:00 on October 12, 2018, destroyed the victim’s reputation by openly pointing out false facts, i.e., “E” on the front side of “E” located in Seo-gu, Seo-gu, Seo-gu, Gwangju, by saying, “B is early infinite, well finite is not finite, and prior to the opening of the president of the G company, a person who would not have been detained as an embezzlement and who would have to be nearest to the person detained as an embezzlement.”
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of F, B, and C;
1. Application of statutes to the details of the Defendant’s cell phone calls (from October 1, 2018 to October 31, 2018)
1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts.
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of criminal punishment several times, the multiple persons have been subject to criminal punishment by pointing out false facts about the victim, thereby impairing the reputation of the victim. The victim was subject to criminal punishment for embezzlement. The denial of the crime in this case, and other factors such as the defendant's age, character and conduct, environment, means and consequence of the crime, and the circumstances after the crime, etc., are comprehensively considered, and the sentence of a heavier penalty than 1,00,000 won is imposed.