The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. provides that “the purpose of slandering a person” requires an intention or purpose of a hazard, and whether there is “the purpose of slandering a person” should be determined by comparing and comparing the degree of infringement of a person’s reputation that may be damaged or damaged by the expression, by taking into account all the circumstances such as the content and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was published, the method of expression, etc.

In addition, such “purpose of slandering a person” is in conflict with the direction of subjective intent of an actor, as it is reasonable to deem that the purpose of slandering a person is denied, unless there are special circumstances, in a case where the alleged fact concerns the public interest. Matters pertaining to the public interest includes not only the interests of the State, society, and other general public, but also the interests and interests of a specific social group or a group of its members, and if the principal motive or purpose of the actor is for the public interest, it is difficult to deem that there is a purpose of slandering a person, even if there is an incidental private interest purpose or motive.

According to the evidence duly adopted by the first instance court, which was maintained by the court below on May 28, 2009 (see, e.g., Supreme Court Decision 2008Do8812, May 28, 2009). The defendant applied for the promotion examination for the police special personnel in 201, and passed the second practical examination with one victim and one other, and completed the second practical examination and completed the second practical examination on Nov. 25, 201, which was the date the final successful candidate was issued, access to the Internet site "Sttttp://wwwwwwli.go.go.r.)", and then, the title "the applicants for the special competitive examination" on the cell room bulletin board with the "members of the National Police Love column" as the title of "the applicants for the special competitive examination."