정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The defendant shall be innocent.
1. On March 17, 2015, the summary of the facts charged by the Defendant, as the representative of D Co., Ltd., Ltd., the Defendant, on the ground that the Defendant filed a complaint with the victim E at the office of D Co., Ltd., Co., Ltd. on March 17, 2015, and published newspapers in relation thereto, thereby impairing the reputation of the victim by openly pointing out facts, for the purpose of slandering the victim on the N. N. N. N. N.’s N. N. N.’s N. N. Automatic text, a similar company of D. E. E. E. U.S., which was subject to search and seizure in the police due to the violation of the Act on the Prevention of Unfair Competition and Protection
2. The defendant's assertion that the defendant posted a letter for the purpose of preventing confusion between customers and that there was no purpose of slandering.
3. “Purpose of slandering a person” as prescribed by Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means requiring an intention or purpose of deception. The issue of whether a person’s purpose is to defame a person ought to be determined by comparing and determining the degree of infringement of a person’s reputation that may be damaged or damaged by the expression, by taking into account all the circumstances, such as the content and nature of the relevant statement, the scope of the other party to whom the publication of the relevant fact was made, the method
In addition, since the purpose of slandering is in conflict with that for the public interest in the direction of the actor's subjective intention, it is denied the purpose of slandering if the alleged facts are about the public interest, unless there are special circumstances.
Matters concerning public interest include not only those concerning the interests of the State, society, and other general public, but also those concerning the interest and interest of a specific social group or the whole members thereof.
The principal motive and purpose of an offender shall be the public interest.