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The prosecutor's appeal is dismissed.
Reasons
1. The prosecutor's grounds of appeal (misunderstanding of facts and misapprehension of legal principles) are as follows: (a) the content of the text message sent by the defendant to members of the D Housing Association four times is false; and (b) the defendant believed that it is true and there are reasonable grounds to believe that it is true
It is difficult to see it.
Nevertheless, the court below erred by misapprehending the legal principles as to the grounds for the dismissal of illegality under Article 310 of the Criminal Act and thereby adversely affecting the conclusion of the judgment by misapprehending the legal principles on the grounds for the dismissal of illegality under Article 310 of the Criminal Act.
2. Determination
A. Article 70(2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. requires the intention or purpose of a harming a person. The issue of whether a “purposes to defame a person” is “purposes to defame a person” ought to be determined by considering the overall 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, and the method of expression, etc., and by comparing the degree of infringement of reputation that may be damaged or damaged by the said expression.
In addition, such “purpose of slandering a person” is contrary to the direction of the actor’s subjective intent with respect to the purpose of public interest.
Therefore, unless there are special circumstances, it is reasonable to deem that the objective of slandering a publicly alleged fact is denied unless it is related to the public interest. It includes not only the public interest of the State, society, and other general public, but also the interest and interest of a specific social group or the entire members thereof. If the principal motive or purpose of an actor is for the public interest, it is also intended to slander another publicly-interest purpose or motive.