Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On June 7, 2017, around 07:50, the Defendant conducted a demonstration by citing the cket stating the phrase “C(B) all of the apartment house(s) and escape without any one half of the day,” in front of the 2nd sentence of the government model B located in Sejong City, 477.

However, there was no fact that the victim had destroyed the apartment and escaped.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Application of a complaint, written judgment and statutes;

1. Relevant Article 307 (2) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Even if some of the contents written by the Defendant in the diskettes are used as somewhat exaggerated expressions, it is difficult to view that the purport of the overall text was written false facts.

2. In determining whether the facts alleged in the crime of defamation by a statement of false facts under Article 307(2) of the Criminal Act are false, if the contents differ from the truth or are merely a somewhat exaggerated expression in light of the overall purport of the alleged facts, it shall not be deemed as false, but if the important part is not consistent with objective facts, it shall be deemed as false.

Furthermore, it is difficult to ascertain or prove that an offender is false or not, due to its nature, the academic background of the defendant is based on the content and existence of evidence, the existence and content of evidence, the source and awareness of the fact expressed by the defendant, etc.