1. The defendant shall be punished by a fine of five hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

1. On March 7, 2016, the Defendant defamationd the victim on March 7, 2016, at the conference room for the representative of the occupants of the Daejeon Seosung-gu Seoul apartment complex, and on March 7, 2016, the fact that the Defendant was not elected by this illegal election, despite the fact that he was not elected by the victim D ( South, North, and South) who is the representative of the occupants of the apartment complex, the victim said that “the person who was elected in violation of the Election of Political Parties Act” should be elected.

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

2. On April 11, 2016, the Defendant defamationd the Defendant at the conference room for the representative of the above occupant around April 11, 2016, and the fact that the victim D, the representative of the apartment occupant, was not elected by an illegal election, despite the absence of the fact that the victim D, the chairperson of the apartment tenant, was elected by the illegal election, the Defendant stated that “the victim shall be elected by the person who was elected by the violation of the Election Act” to the victim at the 20 occupants’ seat, such as E

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. Legal statement of the witness D;

1. A certificate;

1. Investigation reports (investigation of witnesses, etc.);

1. Minutes of representatives of occupants;

1. Application of Acts and subordinate statutes requesting legitimacy in accordance with civil petitions relating to a petition for complaint, minutes of the Election Management Committee, and election of the representative council of occupants;

1. Relevant Article 307 of the Criminal Act and Article 307 (2) of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that the victim was elected due to the violation of the Election Act relating to the candidate symbol allocation, and that such remarks are for the public interest and thus, the illegality is excluded.

2. Determination

A. Relevant legal principles 1) The Criminal Act concerning the denial of illegality for an act constituting an offense of defamation by a statement of false facts.