Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 2017. 11. 12. 08:35경 경주시 B에 있는 피고인의 집에서, 인터넷 SNS C에 닉네임 ‘A’으로 접속한 후 피해자 D, 피해자의 동생, 피해자의 남편이 2016년 E지회 사랑나눔의 밤 행사에서 찍은 사진을 게시하면서『협회 쌀 후원한 것 맞죠 이 후원한 쌀 누구의 돈 입니까 F에 억울하게 사기당한 사람들의 피같은 돈입니다!!!!! 언니. D씨 동생. G씨 』라는 글을 게시하였다.

However, the victim did not belong to “F” as an investment financing fraud organization against the disabled, and the rice supported by the victim in the E branch was not related to “F”.

Accordingly, the defendant has damaged the reputation of the victim by divulging public false information through information and communication networks with a view to defameing the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. Investigation report (Attachment of F-related decisions) - Attachment of a copy of the original district court rulings (F-related cases);

1. Application of Acts and subordinate statutes attached to the screen by closure;

1. Article 70 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and Selection of a fine concerning criminal facts;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the defendant's assertion is true and true, even if it is false, the defendant did not recognize that it was false, and there was no purpose of slandering the defendant solely for the public interest.

2. Determination

A. The facts constituting the elements of a crime charged in a criminal trial of the relevant legal doctrine are the prosecutor who bears the burden of proof, whether it is a subjective requirement or an objective requirement, and thus publication via a statement of false facts is made.