Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

around 20:00 on October 28, 2018, the Defendant stated that “C” located in Busan Jin-gu, Busan is the main point of “C,” and that “E, even if there is a male-friendly Gu, she has other male-related persons, she sees that he/she flows with other male-related persons at E’s self-employed house.”

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

Summary of Evidence

The witness D's statement in the second trial records

1. The police interrogation protocol E of the Defendant in the witness F’s legal statement and each police statement statement report (the phone conversation of the witness G) on D (the fact that the victim’s social evaluation has been objectively affected was expressed in the form of a novel, the speech of a third party, or an article that is not a conclusive expression by citing a news report, but an article that is not a conclusive expression by citing a news report. However, if the fact was expressed in the manner of suggesting that the whole purport of the expression can exist, it shall be deemed that the fact was publicly stated (see, e.g., Supreme Court Decision 2007Do5312, Nov. 27, 2008). In addition, in determining whether the facts alleged in the crime of defamation by a false statement under Article 307(2) of the Criminal Act are false or not, if the content of the publicly alleged fact differs from the truth or is merely a somewhat exaggerated expression, it shall not be deemed as false, but if the material part does not coincide with the objective fact, 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, based on the content and identity of the published fact, the existence and content of the explanatory materials, and the source and awareness of the fact expressed by the accused.