The case holding that defamation by publication is not established since the purpose of slandering the act of writing and publishing the novel about the 858 wide wave case is not recognized.

Article 309(1) of the Criminal Act

Defendant 1 and one other

Prosecutor

Law Firm Jeong (LLC, Attorneys Park Jae-hwan et al., Counsel for defendant-appellee)

Seoul Central District Court Decision 2008No3194 Decided December 12, 2008

The appeal is dismissed.

The grounds of appeal are examined.

The crime of defamation by publication under Article 309(1) of the Criminal Act is established when a person defames another person by pointing out facts through newspapers, magazines, radio, or other publications for the purpose of slandering another person. Here, "the purpose" lies in a relationship that is contrary to one another in the direction of subjective intent of the actor for the public interest, unless there are special circumstances. Therefore, if a publicly alleged fact concerns the public interest, it is reasonable to deem that the objective of slandering another person is denied unless there are special circumstances. Whether the publicly alleged fact concerns the public interest or not is a public official or private person, or is merely a private person, as it concerns the public interest issue with the public interest that the public should objectively know, whether the victim contributes to the formation of public opinion or public debate, or belongs to a pure private area, whether the victim is the first person of the risk of defamation, the nature and degree of harm caused by such expression, and the method and motive of the expression that is damaged by such expression, etc. It should also be determined to the extent that there is 200 or 260 others.

According to the reasoning of the judgment below, the court below affirmed the judgment of the court of first instance that acquitted the defendant on the ground that the novel of this case did not claim that the general readers were true, but the suspicion held by the defendants was filed in the form of a novel, and the defendants' act of writing and withdrawing the novel of this case is for the public interest for the purpose of social appeal for the necessity of a new fact-finding as to the case of 858 wide wave, and since the purpose of defamation cannot be acknowledged, the facts charged of this case constitutes a case where there is no proof of crime. In light of the above legal principles and records, the above judgment of the court below is just, and there is no violation of the rules of evidence or misapprehension of legal principles as otherwise alleged in the

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

Justices Cha Han-sung (Presiding Justice)