revealed is false. Moreover, the burden of proof for all the constituent elements prescribed in the above provision rests upon the prosecutor. The phrase “intent to disparage a person’s reputation” requires the intention and purpose of the offense, and whether the intent to disparage a person’s reputation exists ought to be determined through the fair comparison of the contents and nature of the fact disclosed, the scope of the other party to whom the fact was disclosed, and the degree of infringement on a person’s reputation defamed by the expression considering various circumstances regarding the expression per se including expression method, etc. The “intent to disparage” is inconsistent with the public interest in that it is the subjective intention of a person who disparaged a person’s reputation, and thus if the fact revealed is for the public interest, the intent to disparage is denied unless there are special circumstances. Herein, “the case where the fact revealed is for the public interest” means that the fact ought to be revealed for the public interest from the objective perspective and subjectively disclosed for the public interest by a person who revealed the fact. Whether the fact is for the public interest ought to be determined in consideration of various circumstances: whether the victim of defamation corresponds to a public figure such as a public official, etc. or just a private person; whether the expression, as the public matters which have public and social nature objectively, contributes to the formation of public opinion of the society or public debate or falls solely under the private sector; whether the victim incurred the risk of defamatory expression; the nature of, and the degree of infringement on, reputation defamed by the expression; the method of and motive for expression, etc. It is difficult to view that the intent to disparage exists even if another purpose or motive for the private interest incidentally is included therein if the main motive for and purpose of a person who committed such an act are for the public interest. 【Reference Provisions】Article 70(2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.; Article 308 of the Criminal Procedure Act Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Penalty Provisions) (2) A person who commits defamation of another person by disclosing a false fact to the public through an information and communications network purposely