The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although the defendant attached three copies of the notice of the result of the case processing of violation of the Information and Communications Network Act (hereinafter referred to as the "Information and Communications Network Act") to D (hereinafter referred to as the "instant notice") to the entrance bulletin board of the building, bulletin board in the watchkeeping room, and inside walls of the watchkeeping room to the public interest, the defendant was guilty of the facts charged in the instant case. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Article 310 of the Criminal Code provides that "when a publicly alleged fact is about the public interest" refers to the public interest when objectively viewed, and an actor also expresses the fact for the public interest subjectively. In relation to the public interest, not only to the public interest of the State, society, and other general public, but also to the interest and interest of a specific social group or the entire members thereof. Whether the alleged fact concerns the public interest or not should be determined by considering all the circumstances concerning the expression itself, such as the content and nature of the relevant publicly alleged fact, the scope of the party against whom the relevant fact was published, the method of expression, etc., and by comparing the degree of infringement of reputation that may be damaged or damaged by the expression.

On the other hand, in order for an act that defames a person by openly pointing out facts to be subject to punishment due to the elimination of illegality pursuant to Article 310 of the Criminal Act, the actor must prove that it falls under the solely public interest as true facts, and if the court has duly adopted evidence and investigated the evidence, and if the requirements for the reason for the exclusion of illegality under Article 310 of the Criminal Act are not proven, the disadvantage of the defendant is that.