정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal did not recognize that the content of the article linked to the Internet is false, and the above article is a matter concerning public interest and therefore there are reasonable grounds to believe that the defendant is true, and thus, it is difficult to deem that the defendant's act was a ground for excluding illegality under Article 310 of the Criminal Act or a purpose of slandering the victims. The court below found the defendant guilty of the facts charged in this case.
2. Determination
A. “Purpose of slandering a person” under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. is required to refer to the intent or purpose of defamation. As such, whether a person is intended to defame a person ought to be determined by comparing and considering all the circumstances pertaining to the expression itself, such as the content and nature of the relevant statement, the scope of the other party to whom the relevant fact was published, the method of expression, etc., and the degree of infringement of reputation that may be damaged or damaged by the relevant expression.
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 those concerning public interest, as well as those concerning the public interest of the State, society, and other general public, as well as those concerning the interest and interest of a specific social group or the whole members thereof.
(see, e.g., Supreme Court Decisions 2008Do8812, May 28, 2009; 2009Do12132, Nov. 25, 2010; 2010Do8143, Jan. 26, 2012). Furthermore, whether the alleged facts relate to the public interest or not is related to the public interest that the public should objectively be known to the public, is the formation of public opinion or public interest.