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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (fact-finding/legal scenarios);
A. Error of facts ① The recording of recording submitted by the Defendant begins from the part of the recording in which D immediately takes a bath, and there is a possibility that the Defendant made a biased recording, and ② D referred to the issue of the amount of the book to be bound due to the failure to receive the book amount supplied to the C organization, despite the fact that D referred to the issue of the book amount due to the failure to avoid it, it was intended to slander D, but it was for the purpose of slandering D, but it was an error of law that affected the conclusion of the judgment by misunderstanding the fact that there was no purpose of slandering D.
B. The court below erred in the misapprehension of legal principles, which points out the fact that D did not receive a book amount from C organization. The defendant's act of posting the conversations which the defendant hadly recorded on the open bulletin board which C organization members can read as a response to it is not reasonable means or method, and even though it did not meet the requirements for a justifiable act in light of the social evaluation of D's infringement, it did not meet the requirements for a justifiable act.
2. Determination
A. “Purpose of slandering a person” under Article 70(1) and (2) of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. of misunderstanding of facts shall be determined by comparing and balancing the degree of infringement of reputation that may be damaged or damaged by the expression, considering the overall circumstances, such as the content and nature of the relevant statement, the scope of the other party to whom the publication of the relevant fact was made, and the method of expression, etc.
In addition, since the purpose of slandering is contrary to the direction of the actor's subjective intention, the alleged facts are related to the public interest.