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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is non-speed.
The Defendant resided in Sejong Special Self-Governing City C and moved in the name D in the vicinity of his/her residence without compensation together with the victim E, and did not have any good link with the victim.
1. On November 29, 2015, the Defendant, at around 14:00 on November 29, 2015, by falsely stating that “E is a member of H clan D, other than D, and I and J, from time to time, selling their body with K and KRW 20,000,000,” thereby impairing the victim’s reputation;
2. On January 5, 2016, the Defendant: (a) gathered in the community hall room located in Sejong Special Self-Governing City L, Sejong Special Self-Governing City; and (b) went to the room room for promotion of M and six other members; (c) thereby, the Defendant damaged the victim’s reputation by pointing out false facts, stating that “E sold its body with K 10,000 won, KRW 20,000,000, and KRW 30,000; and (d) “N 25,000,000.”
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and D;
1. Application of the Acts and subordinate statutes governing witnessO's legal statement;
1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of punishment (opportune selection);
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 defense counsel under Article 334(1) of the Criminal Procedure Act
1. Defamation on November 29, 2015
A. On October 2013, the Defendant asserted that “E is a year in which he sells his body from time to time after receiving KRW 20,000,000 from K and 20,000,” and there is no fact that the Defendant made the said remarks in the position of I and J other than D around November 29, 2015, as stated in this part of the facts charged.
B. 1) According to the evidence duly adopted and examined by this court, the following circumstances are acknowledged, i.e., ① from the investigative agency to the court.