The defendant's appeal is dismissed.

1. Of the facts charged against the Defendant, the lower court rendered a judgment of innocence as to the Defendant’s violation of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) and convicted the Defendant of only the violation of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, etc. (Defamation)

Defendant

Only the prosecutor appealed on the guilty portion and did not appeal. Accordingly, the acquittal portion of the judgment below was separated and determined as it is, and excluded from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. In extenuating circumstances for the public interest in relation to the existence and operation of the entire G, the Defendant, in the judgment of the court below, which found the Defendant guilty of posting I’s comments on the I’s previous conviction, is erroneous in the misapprehension of legal principles, even though I disclosed I’s previous convictions in order to present a question as to whether the actual victim of the justice was appropriate.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

3. Judgment on the misapprehension of legal principles

A. Article 70 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. provides that “the purpose of slandering a person” requires the intent or purpose of a perpetrator, and whether a person’s purpose is to defame a person ought to be determined by comparing and considering all the circumstances pertaining to the expression itself, such as the content and nature of the relevant publicly alleged fact, the scope of the counter-party that published the relevant fact, the method of expression, etc., and the degree of infringement of honor that may be damaged or damaged by the relevant expression.

In addition, the term "purposes of slandering a person" of the above provision means those for public interest and those for the subjective intent of the actor, which conflict with each other.