정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant B (1) All of the notices on the facts constituting an offense in the judgment of the court below, which are erroneous facts and misapprehension of legal principles, were related to the public interest, and there was no purpose to defame
(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of KRW 3,00,000) is too unreasonable.
B. Defendant A (unfair punishment)’s punishment (fine 5,00,000) sentenced by the lower court is too unreasonable.
2. Determination
A. Defendant B (1) “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 the need for the intent or purpose of a hazard, and the existence of the purpose of slandering a person ought to be determined by considering all the circumstances regarding the expression itself, including 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 by comparing and considering the degree of infringement of honor that may be damaged or damaged by the 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 interest of many general public, and those concerning the interest and interest of a particular social group or a whole of its members.
(2) As to the public interest, whether the publicly alleged facts relate to the public interest is related to the public interest issue that the public ought to know objectively, and whether such expressions contribute to the formation of public opinion or public debate in society or pure private sector, and the victim’s defamation.