정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal No. 1-A of the facts constituting the crime indicated in the judgment below is merely merely an expression of opinion, but does not constitute an expression of opinion, and the posting of the facts constituting the crime No. 1-B of the judgment of the court below is prepared for the public interest, and the Defendant did not slander the victim. Therefore, the crime of violation of the Act on Promotion, etc. of Information and Communications Network Utilization
In addition, the defendant expressed his opinion to criticize the victim's behavior during the period and used the expression "J" in the process of emphasizing that the defendant's opinion is reasonable, which is an act that does not go against the social norms and is thus dismissed from illegality.
Nevertheless, the court below which found guilty of each of the facts charged of this case has erred by misunderstanding of facts and misunderstanding of legal principles that affected the judgment.
2. Determination
A. Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “the purpose of slandering a person”) requires a person’s intent or purpose, and the issue of whether a person has an intent to defame a person ought to be determined by comparing and considering the following: (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.; and (d) the degree of infringement of reputation that
(See Supreme Court Decision 2008Do4740 Decided September 25, 2008). Meanwhile, in a case where the alleged facts relate to the public interest, unless there are special circumstances, the purpose of slandering the alleged facts is denied. However, “where the alleged facts relate to the public interest,” the term “where the alleged facts relate to the public interest” should be subjectively expressed by the actor for the public interest, and should not be objectively seen from an objective point of view.