정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The motive for the Defendant of mistake of facts to commit the act as described in the facts charged in the instant case was for the public interest of “an incorporated association C (hereinafter “the instant association”) to ensure transparency and purification of the branch office “the instant branch office”.” The statement made by the Defendant is consistent with the facts.
Therefore, although the defendant's act constitutes grounds for excluding illegality as stipulated in Article 310 of the Criminal Act, the judgment of the court below which convicted him of the facts charged in this case is erroneous.
B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. The lower court convicted the Defendant of the instant facts charged on the ground that the Defendant committed an act as described in the instant facts charged with the purpose of slandering the victim, as stated in its reasoning.
B. 1) The “purpose of slandering a person” as provided for in the crime of Article 61(2) of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. requires the intent or purpose of a hazard. The issue of whether to slander a person is intended shall be determined by comparing and considering the following: (a) the content and nature of the relevant publicly alleged fact; (b) the scope of the other party to whom the relevant fact was published; and (c) the degree of infringement of reputation that may be damaged or damaged by the expression (see, e.g., Supreme Court Decision 2008Do2422, Jul. 10, 2008). Meanwhile, “purpose of slandering a person” as provided for in Article 309(1) of the Criminal Act requires the intention or purpose of a hazard; and (d) the purpose of slandering a person is in conflict with the direction of subjective intent of the actor.
Therefore, a person shall not be punished for the public interest of Article 310 of the Criminal Code.