The case affirming the judgment of the court below which held that since the newspaper articles do not specify the name of the victim, but comprehensively reflects the expressions such as the "samatowing box" and the "samo commercial school principal" of the Superintendent of the Office of Education, the contents of the article can be identified as the victim, and since many people engaged in the area of education can be identified as the victim, the contents of the article can be identified as the victim, the crime of defamation by publication, etc. is established.

[1] Article 309 (2) of the Criminal Code

Defendant

Defendant

Law Firm International Attorney Kim Jin-young

Busan High Court Decision 2004No295 delivered on March 30, 2005

The appeal is dismissed. 60 days out of detention days after the appeal shall be included in the original sentence.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Judgment on the first ground for appeal

In light of the records, the court below acknowledged that the victim should be identified by the publicly alleged false facts in order to establish defamation crime under Article 309(2) of the Criminal Act, but the article or image itself, which is published without the person's name, etc., makes it difficult to recognize the victim's identity by itself, even if the contents of the expression are comprehensive with the surrounding circumstances, it is possible to identify the victim's identity, and if there are many people who know such facts, the victim is specified in the article of this case (see Supreme Court Decision 89Do1744 delivered on November 14, 1989), it is reasonable that the article of this case contains 10 years old, 10 years old, 20 years old, 30 years old, 200, 300 education senior executives, 300 local class of education senior executives, 200, 300 local school principal, etc., 300 local school principal, 300,000 local school principal, and 30.

2. Judgment on the second ground for appeal

Article 310 of the Criminal Act where illegality is removed pursuant to Article 310 of the Criminal Act shall be limited to the true fact that the act under Article 307(1) of the Criminal Act is related solely to the public interest. A violation of Article 309(2) of the Criminal Act that defames a person by pointing out false facts through publications for the purpose of slandering a person shall not be subject to Article 310 of the Criminal Act concerning the denial of illegality (see, e.g., Supreme Court Decisions 86Do1603, Oct. 14, 1986; 97Do158, Oct. 9, 198); therefore, the allegation in the grounds of appeal on this part shall not be accepted.

3. Conclusion

Therefore, the appeal shall be dismissed, and 60 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yang Sung-tae (Presiding Justice)