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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, each defamation act committed by the Defendant as stated in the facts charged of the instant case by misapprehending the legal doctrine (hereinafter “each act of this case”) is a justifiable act that does not violate social norms or for the public interest, and its illegality is excluded by Article 310 of the Criminal Act.
Nevertheless, the judgment of the court below which convicted each of the facts charged of this case is erroneous in the misapprehension of legal principles.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination
A. Determination on the assertion of misunderstanding of legal principles 1) Whether the illegality under Article 310 of the Criminal Act is recognized or not, pursuant to Article 310 of the Criminal Act, an act that defames a person by openly pointing out a fact is true and solely for the public interest is not punishable.
"At the same time for the public interest" as defined in Article 310 of the Criminal Code refers to the public interest when the alleged facts are objectively seen, and an actor should also indicate the facts for the public interest subjectively. It includes not only the interests of the state, society, and other general public, but also the interests and interests of a specific social group or its entire members.
Whether the alleged facts relate to the public interest or not should be determined by considering the overall circumstances concerning the expression itself, such as the content and nature of the relevant alleged facts, the scope of the counter-party against which the publication of the relevant facts was made, and the method of expression, etc., and at the same time by comparing the degree of infringement of honor that may be damaged or damaged by the expression (see Supreme Court Decision 2004Do3912, Oct. 15, 2004, etc.). In light of the aforementioned legal principles, the health class in light of the foregoing legal principles, and the following circumstances recognized by the evidence duly adopted and investigated by the court below, namely,