[명예훼손][공1990.9.15.(880),1834]
The meaning of "public performance" in the crime of defamation
Since public performance in the crime of defamation refers to the state in which many, unspecified or unspecified persons can be recognized, even if the defendant valid false facts on the job of a third person or one person as telephone, the establishment of the crime is not affected as long as there is a possibility of spreading such false facts to the outside.
Article 307 of the Criminal Act
Supreme Court Decision 81Do1023 decided Oct. 27, 1981 (Gong1982, 85) 81Do2491 decided Mar. 23, 1982 (Gong1982, 482) (Gong1984, 641) 85Do431 decided Apr. 23, 1985 (Gong1985, 817) 86Do556 decided Sep. 23, 1986 (Gong1986, 293)
Defendant
Defendant
Attorney Park Young-chul
Seoul Criminal Court Decision 90No13 delivered on May 4, 1990
The appeal is dismissed.
We examine the grounds of appeal.
According to the evidence in the judgment below, the defendant can recognize the fact that he intentionally defames the victim by intentionally pointing out false facts as indicated in the judgment, and it refers to the state in which many, unspecified persons can recognize the public performance in the crime of defamation, so even if the defendant puts false facts on a third person's job or one person's phone, the establishment of the crime is not affected as long as it is possible for him to spread to the outside.
As pointed out in the judgment below, there is no error of misapprehending the legal principles or violating the rules of evidence.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Ansan-man (Presiding Justice)