The crime of defamation requires a statement of fact in order to establish the crime of defamation, and the alleged facts should thereby be made to the extent that the social value or evaluation of a specific person is likely to be infringed, and even if a false statement of fact was made, if the false fact does not constitute defamation under Article 307 of the Criminal Act unless the false fact may infringe on the social value or evaluation of a specific person (see, e.g., Supreme Court Decision 2004Do4573, Jun. 15, 2007). Meanwhile, the crime of defamation under Article 307 of the Criminal Act is not established on the ground that a person may bring an accusation when he/she considers an offense, and the fact that a person filed an accusation is first known of the fact alone, and it cannot be said that there is a possibility of infringing on the social value or evaluation of the accuser,

In the event that the circumstances such as the absence or absence of hotness are known together, there is a possibility that the honor of the complainant may be infringed.

(See Supreme Court Decision 93Do696 delivered on June 28, 1994, etc.). The court below affirmed the first instance judgment that acquitted the Defendants of defamation on the ground that the Defendants did not indicate specific facts sufficient to infringe on the victim’s social value or evaluation, on the sole basis of the following: (a) acknowledged facts and circumstances as indicated in its reasoning by comprehensively taking account of evidence; and (b) determined that the Defendants stated that “the victim reported the Defendant A to the effect that he fell under a tree on the viewing of literature.”

The judgment below

Examining the reasoning in light of the aforementioned legal principles and the record, such determination by the court below is justifiable. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules,

Therefore, all appeals are dismissed. It is so decided by all participating Justices.