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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the prosecutor's appeal grounds (misunderstanding of the facts and legal principles) the NAN Doster, which has joined the Internet site "D" community, seems to be part of the entire occupants, and most of them appear to be the power to confluence the defendant's side in the rebuilding-related disputes. At the time of this case, the defendant was punished for the leading dispute over the victim F and reconstruction, was dismissed by the chairperson of the rebuilding promotion committee in the process. In this situation, it is reasonable to see that the defendant's writing as described in the facts charged was superior to the dispute between the victim and the whole occupants for the benefit of the whole rebuilding occupants, and it is reasonable to see that the defendant's writing as described in the facts charged is primarily intended to pursue the defendant's private interest, and that the defendant's writing as described in the facts charged is to recover the leading power of the reconstruction association.
Nevertheless, the lower court erred by misapprehending the legal doctrine on the purpose of slandering under Article 70(1) and (2) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., thereby adversely affecting the conclusion of the judgment, by rendering a not-guilty verdict on the
2. “Purpose of slandering a person” as prescribed by Article 70(1) and (2) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. is to require the intent or purpose of a hazard. Whether a person has the purpose of slandering a person ought to be determined by weighing and balancing the degree of infringement of honor that may be damaged or damaged by the expression, taking into account 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.
Also, the purpose of slandering is for the public interest.