정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The prosecutor's appeal is dismissed.
1. Considering the content and part of the written statement posted by the Defendant, personal information to the extent that it can be identified by the victims, and the need to post the evidence records of criminal cases against victims on the Internet camera that posted the written statement of this case, it is difficult to view that the written statement of this case is related to the public interest, and rather, it can be sufficiently recognized that it was made for the purpose of slandering victims.
Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment
2. Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. requires the intention or purpose of a harming a person. The issue of whether there is “the purpose of a Slandering a person” ought to be determined by comparing and comparing the degree of infringement of reputation, which may be damaged or damaged by the misunderstanding, with the following factors: (a) the content and nature of the relevant publicly alleged fact; (b) the scope of the other party to whom the relevant fact was published; and (c) the method of expression, etc.
In addition, such “purposes of slandering a person” are in conflict with the direction of subjective intent of an actor, as it is reasonable to deem that the objective of slandering a person is denied, unless there are special circumstances, in a case where the alleged fact concerns the public interest. Matters pertaining to public interest include not only those pertaining to the interests of the State, society, and other general public, but also those pertaining to the interest and interest of a specific social group or the entire members thereof, and if the principal motive or purpose of the actor is for the public interest, other private interest purposes or motives incidental thereto are included.