The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant, as a member of the Busan Jin-gu D shop Merchant Association (hereinafter referred to as the "merchant Association"), posted a notice of the result of the disposition of the complaint and accusation case on August 28, 2017 to the effect that the victim E, who is the vice-chairperson of the merchants' association, was subject to a disposition of a fine due to insult of the Defendant, was dissatisfied with maintaining his/her position even though he/she was subject to the disposition of a fine. On December 30, 2017, the Defendant posted the notice by affixing a photograph of the result of the disposition of the complaint and accusation case to the effect that he/she was indicted as a summary-type crime on August 28, 2017.

Ultimately, with a view to slandering a victim, the Defendant damaged the reputation of the victim by openly pointing out facts through information and communications networks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photograph Kakao Stockholm conversations

1. Article 70 (1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., and Selection of a fine concerning facts constituting an offense;

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. The Defendant asserts that the Defendant’s assertion regarding Article 59(1) of the Criminal Act (i.e., the primary offender, and the need for punishment when considering the motive and circumstances of the instant crime) of the suspended sentence constitutes a justifiable act for the public interest of the entire merchants’ association, which does not violate the social rules, and thus, illegality is excluded.

Article 310 of the Criminal Code refers only to the public interest" when the alleged facts are objectively viewed, and the facts should also be expressed for the public interest subjectively. In this regard, it is widely related to the public interest of the State, society, and other general public, as well as to a specific social group or its members.