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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

On September 7, 2016, around 09:50, the Defendant damaged the reputation of the victim by publicly alleging that “F, the father of the E, who was the father of the D Child Care Center in front of the D Child Care Center located in Seo-gu, Busan, damaged the victim’s reputation by publicly pointing out false facts with regard to the victim’s G by private individuals in the child care center. G students, who were the father of the E, who was the father of the D Child Care Center in front of the D Child Care Center in Seo-gu, Busan, had a large number of times of experience in the forest, left E, and left by a large number of times of experience in the forest.”

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of a witness I (excluding the part concerning the professional statement);

1. Statement of the police statement related to G;

1. Application of the Act and subordinate statutes, such as a explanatory note (12 pages of investigation records), hearing of testimony from a witness F phone, (54 pages of investigation records);

1. Article 307 (2) of the Criminal Act applicable to the relevant criminal facts and Article 307 (2) of the choice of punishment;

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

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment;

1. The Defendant’s statement on the summary of the Defendant’s assertion is all true, and the Defendant made the above statement to prevent child-care centers from being treated unfairly. As such, the Defendant’s act as stated in its reasoning constitutes “a true fact and solely for the public interest” under Article 310 of the Criminal Act, and its illegality is dismissed.

2. Determination

A. Article 310 of the Criminal Act concerning the denial of illegality does not apply to an act constituting an offense of defamation by a statement of false facts (see, e.g., Supreme Court Decisions 2013Do4786, Jul. 9, 2015; 2010Do2690, May 9, 2012). Meanwhile, in a case where there are any facts alleged by the Defendant, it is related to the facts that occurred at a specific time, and the existence of such facts is within the area that can be proven in light of social norms, the prosecutor must prove the falsity without any reasonable doubt.