The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not intend to defame the victim, the lower court convicted him of the facts charged in this case. The lower court erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The phrase “purposes to defame a person” under Article 70(1) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. of Information and Communications Network Utilization and Information Protection, Etc., with respect to the assertion of misunderstanding of facts, requires the intent or purpose of harming a person. The issue of whether the term “purposes to defame a person” is “purposes to defame a person” ought to be determined by comparing and considering the overall circumstances, such as the content and nature of the relevant statement, the scope of the party to whom the relevant fact was published, and the method of expression, etc.

In addition, such “purpose of slandering a person” is contrary to the direction of the actor’s subjective intent with respect to the purpose of public interest.

Therefore, unless there are special circumstances, it is reasonable to deem that the objective of slandering a publicly alleged fact is denied in a case where the publicly alleged fact is related to the public interest. It includes not only the public interest of the State, the society, and other general public, but also the interest and interest of a specific social group or the entire members thereof. If the principal motive or purpose of the actor is for the public interest, it is also intended to slander another publicly-interest purpose or motive incidental to the public interest.

It is difficult to view that it is difficult (see, e.g., Supreme Court Decisions 2013Do3517, May 29, 2014; 2008Do8812, May 28, 2009). In full view of the evidence duly adopted and examined by the lower court, the following circumstances, i.e., the Defendant committed sexual indecent act against the victimized person:

I think that the case has occurred.