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The defendant's appeal is dismissed.
Reasons
1. Although the summary of the grounds for appeal did not aim to slander the Defendant’s comments on Twitter for the public interest, the lower court found the Defendant guilty of the instant facts charged by misapprehending the legal doctrine or by misapprehending the legal doctrine.
2. Determination
A. “Purpose of slandering a person” under Article 70(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. means requiring the intent or purpose of a harming a person. The issue of whether a person is intended to defame a person is determined by comparing and considering the contents and nature of the relevant facts, the scope of the counter-party to whom the publication of the relevant facts was made, and the degree of infringement of honor that may be damaged or damaged by the expression itself, etc. At the same time, considering the following factors: (a) the degree of infringement of reputation that may be damaged or damaged by the expression is contrary to the direction of the actor’s subjective intent; and (b) the purpose of defamation, barring any special circumstance, is denied in a case where the alleged facts are related to the public interest, barring any special circumstance, is widely related to the public interest, and includes not only to the interests of the State, society, and other general public, but also to a specific social group or the whole members thereof, and if the principal motive or purpose of the actor is incidental to the public interest, if it is difficult to view
(See Supreme Court Decision 2009Do12132 Decided November 25, 2010, etc.). B.
(i) Determination as to whether there was a purpose of slandering the Defendant’s content posted on the Twitter, one’s own Internet SNS site, from November 5, 2012 to November 8, 2012, is a funeral service under a contract with the employee bench.
The retirement allowance shall be dismissed by one-time and shall be given in part to the Employment Security Department.