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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of legal principles) in light of the evidence submitted by the Defendant, at the D Week on September 13, 2016, the content of the article as the title “H” was the purpose of slandering the Defendant against the victim.
Recognized.
2. Determination:
A. When the prosecutor's indictment was examined, the prosecutor applied for the amendment of the indictment to add "Defamation" to the name of the offense, "Article 307 (2) of the Criminal Act" as well as "Article 307 (2) of the Criminal Act" to the name of the offense, while maintaining the facts charged with defamation by publication which the court below acquitted. This court permitted the amendment and added the same to the judgment.
B. Determination on the Prosecutor’s misunderstanding of the facts as to the primary facts charged 1) Since the relevant legal doctrine requires the intention or purpose of harm, and the “purpose of slandering a person” under Article 309 of the Criminal Act is contrary to one another in the direction of the actor’s subjective intent that is for the public interest, barring any special circumstance, if the alleged facts are for the public interest, the purpose of slandering a person shall be denied (see, e.g., Supreme Court Decision 2003Do2137, Apr. 29, 2005). In addition, “where the timely facts relate to the public interest,” “where the timely facts are for the public interest” refers to the public interest when objectively viewed the publicly alleged facts, and thus, the actor also stated the facts for the public interest. Here, “public interest” 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.
B. Whether or not a person who suffered damage due to defamation is a public official or a private person, or whether such expression is merely a public official or a private person, and the public and social nature that the public should know objectively.