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

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

Criminal facts

On September 16:20, 2014, the Defendant damaged the victim’s reputation by openly pointing out false information, stating that “D has stolen one of the two copies of rice donated by the Escopian Association,” although there was no fact that the victim D stolen one of the two parts of rice donated by the Espopian Association, such as F and G senior citizens’ clubs, at the place where approximately eight members of the Espopic group are heard.”

Summary of Evidence

1. The defendant's partial statement of the court (the defendant and his defense counsel considered that D had stolen rice 1 minute on the basis of G's statement that deemed the main day in the defendant's wife and senior citizen center. Thus, it is argued that there was no awareness of false facts. Whether the actor was aware of false facts or not should be determined by taking into account various objective circumstances such as the defendant's academic background, career, social status, period of publication, timing of publication, anticipated ripple effect, etc. based on the contents of published facts, physical nature, existence and contents of supporting materials, and the source and awareness of the facts revealed by the defendant, etc. (see, e.g., Supreme Court Decision 2005Do2627, Jul. 22, 2005). Since the defendant's intent to commit a crime includes not only a conclusive intentional intention, but also dolusent intention, which is the intention to recognize it, the crime of defamation by false facts is also established by the defendant's willful intention (see, e.g., Supreme Court Decision 2004Do165, G.).