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(영문) 대법원 1982. 4. 27. 선고 82도371 판결

[명예훼손][공1982.7.1.(683),550]

Main Issues

This example that there is no performance;

Summary of Judgment

If the factual demonstration was conducted in front of the people in the relationship with the victim, and it was intended not to be known to others, it cannot be said that there is no possibility of spreading to many and unspecified people.

[Reference Provisions]

Article 307 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Prosecutor

Judgment of the lower court

Jeonju District Court Decision 81No807 delivered on December 10, 1981

Text

The appeal is dismissed.

Reasons

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below found the defendant guilty on the ground that the defendant's oral statement of facts against the defendant's non-indicted 3 cannot be deemed to have been transmitted to the non-indicted 1 or to the non-indicted 1, etc., because it cannot be deemed that the defendant's oral statement of facts against the defendant's non-indicted 3 could not be seen as having been transmitted to the non-indicted 3, since the defendant's oral statement was not likely to spread to the non-indicted 1 or to the non-indicted 1, etc., as stated in his reasoning. In light of the records, the judgment of the court below is just in light of the records, and there is no violation of the rules of evidence or the misapprehension of the legal principles as to the crime of defamation, since the defendant's oral statement of facts against the defendant's non-indicted 1, etc., which was the defendant's oral statement of facts, and it is not justified in the judgment of the court below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young