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(영문) 대법원 1991. 3. 27. 선고 91도156 판결

[명예훼손][공1991.5.15,(896),1323]

Main Issues

The purpose of defamation and defamation

Summary of Judgment

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.

[Reference Provisions]

Article 307(2) of the Criminal Act

Escopics

Defendant 1 and four others

upper and high-ranking persons

Defendants

Defense Counsel

Attorney Kim Il-chul (for all the defendants),

Judgment of the lower court

Seoul Criminal Court Decision 90No1436 delivered on December 11, 1990

Text

All appeals are dismissed.

Reasons

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)