정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. It is true that misunderstanding the fact that the Defendant recorded the same article as the facts charged in the instant case on the Internet bulletin board.
However, the purpose of this article was to urge the social interest in the case of fraud of taxi expense, to inform some taxi drivers of the fraud of taxi expense and to prevent other damage. The main motive or purpose of this article was to promote public interest.
Therefore, it cannot be said that there was a purpose of slandering the defendant under Article 70 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the term “purpose of slandering a person” under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means that the intent or purpose of defamation is required. Whether a person is intended to defame a person ought to be determined by comparing and balancing the following: (a) overall circumstances pertaining to the expression itself, such as the content and nature of the relevant statement; (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 reputation
In addition, since the purpose of slandering is contrary to the direction of the actor's subjective intention that is for the public interest, it is reasonable to view that the objective of slandering is denied in a case where the alleged facts are related to the public interest, barring any special circumstance. Here, "in a case where the alleged facts are related to the public interest" is related to the public interest objectively when viewed the alleged facts objectively, and thus, the perpetrator should indicate the facts for the public interest subjectively. However, the public interest is related to the state and society.