[명예훼손][공1991.5.15,(896),1323]
The purpose of defamation and defamation
In the crime of defamation under Article 307 (2) of the Criminal Code, the criminal intent refers to recognizing that the statement of the constituent elements is false, that is, the fact will undermine the social assessment of people, and in particular, it does not require that there is a purpose of defamation.
Article 307(2) of the Criminal Act
Defendant 1 and four others
Defendants
Attorney Kim Il-chul (for all the defendants),
Seoul Criminal Court Decision 90No1436 delivered on December 11, 1990
All appeals are dismissed.
The Defendants’ grounds of appeal are examined.
The intent of the crime of defamation under Article 307 (2) of the Criminal Act refers to recognizing that the facts alleged in the elements of the crime are false, that is, the facts are likely to undermine the social evaluation of persons. In particular, it does not require any purpose of defamation. In light of the fact-finding relationship in the judgment of the court of first instance maintained by the records, the judgment below that recognized the defendants as defamation of the victims by distributing printed materials indicating false facts as stated in the judgment of the court of first instance, and that there was a criminal intent of defamation against the defendants, is just and there is no violation of the rules of evidence or misapprehension of the legal principles as to the crime of defamation, or any violation of the legal principles as to the crime of defamation, and there is no violation of the legal principles as to the assertion of the grounds for the illegality that the publicly alleged facts are true, and there
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Song Man-man (Presiding Justice)