A. In order to prevent damage to female choir members including himself/herself, the Defendant sent the same text as the facts constituting the crime in the judgment of the court below (hereinafter “the instant text”) in the self-defense level with a view to preventing the damage of female choir members.

Therefore, this is a case for the public interest.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (fine 1.2 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. Judgment on the misunderstanding of the legal principles 1) The former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 9119, Jun. 13, 2008; hereinafter “former Information and Communications Act”) was enforced on December 14, 2008.

"Purpose of slandering a person" under Article 70 (1) and (2) requires an intention or purpose of a perpetrator, and the issue of whether a person has an intention of slandering a person is determined by comparing and comparing the contents and nature of the relevant publicly alleged fact, the scope of the other party to whom the fact was published, and the degree of infringement of reputation that may be damaged or damaged by the expression itself, etc. At the same time, the degree of infringement of reputation that may be damaged or damaged by the expression is determined by considering the overall circumstances concerning the expression itself, such as the contents and nature of the relevant publicly alleged fact, the scope of the other party to whom the fact was published, the method of expression, etc. In addition, since the public interest

At this time, the public interest includes not only the public interest of the State, society, and other general public, but also the interest and interest of a specific social group or the whole members thereof. If the main motive or purpose of the actor is for the public interest, other private interest purposes or motives are incidental to it.