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The judgment below
In the case of false facts by posting on the Internet homepage, defamation and violation of the Protection of Communications Secrets Act.
Reasons
1. The Defendant appealed against the lower judgment that found the Defendant guilty of all the charges of this case, and the lower court reversed the lower judgment prior to the remanding of the case, and dismissed the prosecution as to the violation of the Protection of Communications Secrets Act by distribution of news report materials (not guilty of the reasoning), defamation by posting on the Internet homepage, and violation of the Protection of Communications Secrets Act.
The Prosecutor appealed against this, and the Supreme Court reversed and remanded the portion of defamation and violation of the Protection of Communications Secrets Act when false facts by posting on the Internet homepage, and dismissed the remainder of the Prosecutor's appeal.
Therefore, the part dismissing a public prosecution against the violation of the Protection of Communications Secrets Act (including defamation by distribution of news report materials) in the judgment of the party before remanding the case is divided by dismissal of the prosecutor’s final appeal from the judgment of remanding the case. Thus, the subject of this court’s judgment is limited to the part concerning defamation of false facts by posting on the remanded Internet homepage and the violation of the Protection
2. Summary of grounds for appeal;
A. Defendant 1) The point of defamation by posting false facts on the Internet homepage (the fact-finding, the misapprehension of the legal principle) is not false, and even if the fact was false, the Defendant did not have awareness that the fact was false. Since the Defendant merely stated true facts for the public interest, the illegality should be avoided by Article 310 of the Criminal Act. (2) Article 16(1)2 of the Protection of Communications Secrets Act, which infringes on the constitutional right to know and the freedom of expression, is unconstitutional. (b) Article 16(1)2 of the Protection of Communications Secrets Act, which infringes on the right to know and the freedom of expression under the Constitution.