The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a member of the Internet NAV carpet “C” (hereinafter “C”), and the victim D is a person operating the said carpet.

At around September 26, 2016, the Defendant posted the original “G,” which is posted on the Internet NAF’s free bulletin board (hereinafter “the instant car page”) at the Defendant’s residence located in Masung-si Apartment-si, 926 Dong 1503, following the use of “NER Account,” “H,” and comments on the promotion of public relations and comments on the Internet and the face of KRW 250,000.

brupted Rotten도요

The author puts the comments on the comments.

Accordingly, for the purpose of slandering, the Defendant, by pointing out the fact that patently confirmed information and communications networks, damaged the honor of the victim, who is the operator of the CKaf.

2. Determination

A. “Purpose of slandering a person” as prescribed by Article 70(1) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. is to require an intention or purpose of defamation. As such, whether a person is intended to defame a person ought to be determined by considering all the circumstances regarding the expression itself, including 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., and the degree of infringement of reputation that may be damaged or damaged by the said expression.

In addition, since the purpose of slandering is in conflict with that for the public interest in the direction of the actor's subjective intention, it is denied the purpose of slandering if the alleged facts are about the public interest, unless there are special circumstances.

Matters concerning public interest include not only those concerning the public interest of the State, society, and other general public, but also those concerning the interest and interest of a specific social group or its entire members (see, e.g., Supreme Court Decision 2010Do8143, Jan. 26, 2012).