Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

On August 4, 2017, the Defendant, in front of the mechanical room in Pyeongtaek-si C, has two staff members of D Sspaland, one victim E and one victim, and two police officers in front of the mechanical room in Pyeongtaek-si, 2017, “low females are women from prison.”

"Publicly damaged the reputation of the victim".

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, H and I;

1. Statement made by the police for E;

1. Investigation report (victim E telephone conversations);

1. Complaint;

1. Each photograph (the defendant and his defense counsel have been employed by all persons at the present site at this time in prison.

“As the Defendant knew of the fact, there is a possibility of spreading performance results to the Defendant’s above act.”

Although it is alleged to the effect that the performance, which is the element of the crime of defamation, means that an unspecified person or a group of people can recognize it (see Supreme Court Decision 91Do347, Jun. 25, 191, etc.). Since an defamation crime is established when a statement of publicly known fact is likely to impair the reputation of others even if it is publicly known (see Supreme Court Decision 2004Do6754, Nov. 25, 2004, etc.). As long as there are many people, as long as the defendant made the above speech to the victim, the above act of the defendant constitutes the crime of defamation, and thus, the above assertion is rejected).

Application of Statutes

1. Article 307 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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