(b) The specification of victims for defamation by publication, etc.;

B. In order to establish the crime of defamation by publication, etc. under Article 309(2) of the Criminal Act, the victim should be identified by the publicly alleged false facts. However, even if the article or image itself, which is published without the person’s name, etc., makes it difficult to recognize the victim by itself, if considering the contents of the expression in light of the surrounding circumstances, it is possible to see who is the victim indicating the article or image, and if there are many people who know such facts, the victim is specified.

45 days, out of the days pending trial after appeal, shall be included in the principal sentence.

1. According to the reasoning of the judgment of the court of first instance, the court below determined, based on the evidence adopted by the court of first instance on February 10, 198, that, upon the victim, etc. who was obtained at the time of the operation from Sep. 16, 1969 to Dec. 24, 1981, the victim, etc. who participated in blacksando counter-espionage operations were released from the victims of this case's destruction and removal of communist communist communist communist communist communist communist communist communist communist communist communist communist communist communist communist communist communist and Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madic Madiv, the above victims were given to the victims.

Examining the above fact-finding and judgment of the court below in light of the records, we affirm the decision of the court below and there is no error of law by misunderstanding the rules of evidence, such as the theory of lawsuit, and the legal principles on the purpose of

2. In order to establish the crime of defamation in publications, etc. under Article 309(2) of the Criminal Act, the victim should be identified by the publicly alleged false facts. However, even if the article or image itself, which is published without the name, etc. of a person, makes it difficult to recognize the victim by itself, the victim can be identified in light of the surrounding circumstances and the contents of the expression, and if there are many people who know the facts, the victim can be identified in the application of the above provision.

In the same purport, the court below's decision was just in holding that the victims were specified by the pictures published in the above magazines, on the ground that the public library members, who left the pictures, were not only reported by the media in 1969, but also displayed in the special exhibition hall, etc., and that those who had permanent domicile and who had been well aware of the victims could be aware of the victims even if they were published, even if they were the pictures published, the court below did not err by failing to exhaust all necessary deliberations or by misapprehending legal principles.

3. The appeal that there is a misapprehension of the legal principles as to the time of acceptance is not acceptable, on the premise that there is a misapprehension of the legal principles as to the judgment of the court below on the premise of the facts acknowledged by the court below.

4. Therefore, the appeal shall be dismissed, and part of the number of days pending trial after the appeal shall be included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon So-young (Presiding Justice)