정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) on October 22, 2016 and around 19:48 and around 19:55, the Defendant (I) sent the victim E (I) a letter of “I” of G (H: H) who did not receive money from the victim E (I) in D’s community information sharing service of Internet deceased craft information; (b) on the part of G (H: H: H) who did not pay money to the victim E (I; (c) on the part of G (H: H: H) that “I would supplement the money that H NN has suffered by fraud to F; and (d) F has compliedd with the good faith and trust of the people expressed in money.
(A) F posted a statement on the comments, “I am vibly and reliance,” as well as the money of the people, thereby impairing the honor of the victim by posting a public notice on the victim’s clinic for the purpose of slandering the victim.
2. Determination
A. “Purpose of slandering a person” under Article 70(1) of the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information and Communications Network (hereinafter “Information and Communications Network Utilization Promotion Act”) requires an intention or purpose of defamation. The issue of whether a person has an intention to defame a person ought to be determined by comparing and considering all the circumstances pertaining to the expression itself, including the content and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was published, and the method of expression, etc.
The term "purpose of slandering a person" in one Part means that the intention or purpose of the harm is required, and is contrary to the direction of the actor's subjective intention with respect to the public interest.
Therefore, unless there are special circumstances, it shall be deemed that the objective of slandering the public interest is denied, and it shall include 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 entire members thereof. If the main motive or purpose of the actor is for the public interest, it shall be for the benefit of the public interest.