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

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

Punishment of the crime

[2016 High 596] The Defendant resided in Daegu Suwon-gu C Apartment-gu 1, 203, and is responsible for the chairperson of the said apartment management committee, and the victim D is a person who resides in the said apartment 11-dong 11, and operates a commercial building in the said apartment 8-dong.

On January 13, 2016, around 19:35, the Defendant: (a) connected the 19:203 Daegu Suwon-gu Damdong apartment 1 to the Internet “E” Kafe-gu 203; and (b) drafted “G” as “as to the request for removal of buildings adjacent to the management office, eight commercial owners filed a report with the Gu office.”

“The comments posted comments on comments on “......”

However, the reported person of illegal building without permission of the above C apartment is H, and the defendant did not report the illegal building without permission to the Gu office.

Accordingly, the Defendant posted a false fact openly through an information and communications network with intent to defame a person as above, thereby impairing the honor of the victim.

Summary of Evidence

[2016 High 596]

1. Statement made by the police against D;

1. Complaint;

1. Letters of each E camera and comments on comments;

1. Application of the Acts and subordinate statutes following a request for cooperation in investigation;

1. Article 70 (2) of the Act on Promotion of the elective Use of Information and Communications Network and Information Protection, Etc. concerning facts constituting an offense;

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

1. Determination 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 argument is that the defendant and his defense counsel posted comments on the comments (hereinafter "the comments on the comments of this case") as stated in the facts of the crime in the judgment of the defendant, but the comments on the comments of this case are specific enough to infringe on the social value or evaluation of the victim due to the posting of the comments on the comments of this case, since the victim reported an illegal building to the Gu office, it can be reported to the competent office.