The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. In order to correct the error of Kwikset service industry, the Defendant prepared and distributed printed items, such as the entry in the facts charged of this case, and such an act of the Defendant is about public interest, and thus, is not illegal as it constitutes a ground for excluding illegality under Article 310 of the Criminal Act

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

Judgment

A. Article 310 of the Criminal Act provides that “When an act under Article 307(1) is true and solely for the public interest, it shall not be punished.” As such, if an act of impairing a person’s reputation by openly pointing out a fact is objectively deemed unlawful and not punished in accordance with the above provision, it should be objectively deemed that the alleged fact is related to the public interest, and the actor should also indicate the fact for the public interest, and such fact should be true.

The term "public interest" is widely related to the interests of the State, society, and other general public as well as to the interests of a specific social group or its entire members. The issue of whether it is related to the public interest shall be objectively determined in light of the contents and nature of the stated fact itself. If the main purpose of the actor who stated the fact is for the public interest, it shall not be excluded from the application of Article 310 of the Criminal Act even if there exists an incidental purpose.

(Supreme Court Decision 93Do1035 delivered on June 22, 1993). In light of the above legal principles, the health team as to the instant case and the following circumstances acknowledged by the evidence duly admitted by the court below, namely, the Defendant acquired Kwikset service company operated by the victims, and the victims at the time of the instant crime.