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

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

Punishment of the crime

The defendant is a member of the Ciplomatic Association located in Leecheon-si (hereinafter referred to as the "instant church"), and the victim D is a person who is in the position of the head of the said church.

피고인은 2018. 11. 4. 10:10경 위 교회 2층에 위치한 ‘예루살렘성전’ 예배당 앞 복도에서 사실은 피해자가 타인의 차량을 접촉하여 사고를 일으킨 뒤 고의로 현장을 이탈하여 수사기관에 신고된 사실이 없음에도 불구하고 일요예배를 마치고 나오던 10여 명의 교인이 듣고 있는 자리에서 “뺑소니”, “뺑소니”, “뭘 뭐라 그래 뺑소니를 뺑소니라 했지. 남의 차 들이받고 도망간게 장로냐. 남의 차 들이받고 도망간게 장로냐.”라고 소리침으로써 공연히 피해자의 명예를 훼손하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement to E by the police;

1. A voice file or closed-circuit CDs;

1. Application of Acts and subordinate statutes on closure photographs;

1. Relevant Article 307 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Judgment on the key issue of Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. Whether the crime of defamation is established

A. The Defendant and his defense counsel’s assertion is merely called “the victim” on the 10 side where the Defendant and his defense counsel have a 10 side, and did not specify the other party as the victim. The Defendant’s statement alone does not make it difficult to see that the subject of defamation is the victim.

Therefore, the defendant cannot be deemed to have impaired the honor of the victim.

B. Considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant’s statement at the time of the instant case was the victim and thereby, the victim’s reputation was harmed.

① A victim is at the parking lot of the instant church around 2016.