The judgment of the court below is reversed.

A fine of two million won shall be imposed on a defendant.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant believed that the content of the instant notice was a fact, and posted it on the Internet bulletin was for the public interest as a measure to prevent additional victims from occurring.

[Defendant asserted this as a ground for illegality, but "the purpose of slandering people" under the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. requires the intention or purpose of harm, and it is in conflict with one another in the direction of subjective intent of the actor as well as for the public interest. Thus, if public interest under Article 310 of the Criminal Act is related to the crime of violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (see, e.g., Supreme Court Decision 2008Do699, Oct. 23, 2008). Thus, Defendant's assertion is limited to the scope of determining whether there was "the purpose of slandering people" as mentioned above.

The defendant was suffering from the compreted mental disorder, and at the time of this case, the defendant was in the state of mental disorder or mental disorder.

C. The punishment of a fine of three million won imposed by the lower court is too unreasonable.

2. Determination

A. In determining the misapprehension of legal principles as to the assertion of defamation under the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., “the intention” refers to the perception and intent of a fact that may undermine another’s social evaluation, and “the purpose of the use of a secret secret is required for the intent or purpose of a secret secret, and whether the purpose of a secret secret is to defame a person is to be taken into account all the circumstances concerning the expression itself, such as the content and nature of the pertinent statement, the scope of the counter-party that made the publication of the pertinent fact, the method of expression, etc., and