Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On April 15, 2014, the Defendant damaged the reputation of the victim by openly pointing out the fact that “D is a person who had had the same room used in the South-North prison, while running the same kind of private teaching institute business for two years before D. D is a person who had the ability to operate a private teaching institute. D is a person who has the ability to operate a private teaching institute.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police officer's statement about D and G;

1. Application of the Acts and subordinate statutes to the complaint;

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. The defendant and his defense counsel's assertion of the provisional payment order against the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that in the process of F's suspicion and dismissal of the defendant as the victim D and accomplice, the defendant also tried to explain the fact that the defendant was the victim who was guilty from the victim, and therefore there is no intention of defamation, and F has already been aware of the victim's fraud, and therefore, F has no possibility of spreading and therefore there is no performance.

In order to establish the crime of defamation, even though it was not limited to the act of detecting hidden facts and even if it was already well known in part of society, it is reasonable to view that the crime of defamation is constituted when the person committed an act that may undermine the social evaluation by pointing out the facts (see Supreme Court Decision 93Do3535, Apr. 12, 1994). In addition, it was publicly known that the hearing person already knew the facts.

Even if the crime of defamation is established, it does not affect the establishment.

I would like to say.

(See Supreme Court Decision 92Do455 delivered on March 23, 1993).