The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal (the legal scenario) used the broadcast of this case with the content that impairs the honor of the victims, and used the emotional expression specifically specifying the victims.

In light of this point, even if the motive of the Defendants’ act is partly related to the public interest, it is not the primary motive or purpose, and its illegality is not dismissed.

2. Determination

A. The lower court determined that the Defendants’ act constitutes a true fact prescribed in Article 310 of the Criminal Act and solely for the public interest, and thus, acquitted the Defendants on the following grounds.

Article 310 of the Criminal Act provides that "When an act under Article 307 (1) of the Criminal Act is true and solely for the public interest, the act shall not be punishable." Thus, for the purpose of not punishing a person by openly pointing out a fact, it shall be related to the public interest in terms of objective facts, and an actor shall also indicate the fact for the public interest subjectively, as well as for the public interest. In addition, in order to say that an act by openly pointing out a fact is not punishable, the publicly alleged fact shall be true or at least the actor believed to be true, and there shall be reasonable grounds to believe that the fact is true, and "the actual fact" means a fact that is consistent with objective facts when examining the purport of the whole contents, it shall be limited to the fact that there is a little difference from the truth or somewhat exaggerated expression, and further, the "public interest" includes not only the public interest of the State, society, and many other general people, but also the interest and interest of a particular social group or its entire members, and it shall be included in the contents and interest of the publicly alleged fact.