The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant posted a letter on the Internet camera that the victim E was indicted for defamation and insult and the fine of KRW 10 million became final and conclusive.

The aforementioned defamation and insult case is related to the personal humiliations and defamation statements about the defendant, his family members, and the defendant's management, and thus, the Defendant's publication of the result of the above insults and defamation cases is irrelevant to the public interest of the Kapets members, and even according to the content thereof, the purpose of defamation is clearly revealed.

Nevertheless, the court below erred in the misapprehension of legal principles as to the purpose of misunderstanding and slandering facts, which held that the above act of the defendant is related to public interest.

Around February 21, 2013, the Defendant entered a notice of the facts charged in the instant case with respect to the following carpets D, operated by the Defendant, at his own office of the wife population C, and thereby damaging the honor of the Victim E on two occasions, as shown in the attached list of crimes.

Accordingly, the defendant has damaged the reputation of the victim by openly pointing out facts with the aim of slandering the victim.

The lower court’s judgment: (1) The determination of the lower court should be made by weighing and balancing the degree of infringement of reputation that may be damaged or damaged by the expression, taking into account all the circumstances pertaining to the contents and nature of the relevant publicly alleged fact, the scope of the other party to whom the relevant fact was published, and the method of expression, etc., and the degree of infringement of reputation that may be damaged or damaged by the expression, and since the publicly alleged facts conflict with one another in the direction of subjective intent of the actor, which is for the sake of public interest.