Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the representative director of Jongno-gu Seoul Metropolitan Government D (hereinafter referred to as "D") who conducts the business of manufacturing and selling labels and protrudings, etc. in the Jongno-gu Building C.

Around 09:00 on March 15, 2018, the Defendant: (a) made inquiries by 21 members of the packaging unit of D’s head office and four employees working at D’s head office; and (b) made inquiries by referring to the victim E, namely, “A person who has an bad habition while drinking at a low time; (c) is E; (d) in doing so, he/she made a false statement by publicly pointing out the false statement to the effect that “A victim was a person with a bad habition in that time; and (d) at that time, he/she made the statement as if he/she was a person without permission

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of each police suspect interrogation protocol against the defendant;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to the petition of accusation, accusation, recording and voice files, opinions, and written statements;

1. Article 307 (2) of the Criminal Act and the choice of a fine concerning the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which bears litigation costs

1. The alleged defendant did not explicitly indicate facts that could harm the reputation.

Since E is a fact that he met the defendant, the defendant did not indicate false facts.

In addition, the defendant did not have any intention of defamation and did not have any public performance.

2. Determination

A. The crime of defamation requires “a statement of fact” to be established, and the alleged facts should thereby lead to the possibility of infringing a person’s social value or evaluation.

The term "statement of fact" is a concept substituted by expression of opinion, the subject of value judgment or evaluation, which is specific time and spatially in the past or present facts.