Whether performance exists in the case of submitting a written petition stating the teacher's flight to the chief director of the school (negative)

In light of the contents of the petition and the relationship between the principal director and the principal director of the school juristic person who is the recipient of the petition and the said teacher, it is difficult to deem that there is a possibility that the above chief director might spread the said petition to others, and thus, it is difficult to deem that there is a performance that is a constituent element of the crime of defamation.

Article 307 of the Criminal Act, Article 308 of the Criminal Procedure Act

Defendant

Prosecutor

Seoul Criminal Court Decision 83No1321 delivered on May 17, 1983

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the reasoning of the judgment of the court below, the court below found that the defendant submitted a petition to the effect that "Non-Indicted 1 is a malicious teacher who sells his position as a teacher for a criminal defendant and damages neighbors and files a criminal charge" to the defendant on May 1982, 1982, which Non-Indicted 1 works as a teacher. However, in light of the contents of the petition and the relation between the principal of the school foundation and Non-Indicted 1, it is difficult to see that the above chief director may spread the above petition to other persons, and there is no other evidence to prove that there was a public performance that means a state in which many unspecified or unspecified persons can recognize otherwise, and thus, the facts charged of this case is not guilty as it falls under the case where there is no proof of criminal facts.

In light of the records, the above fact-finding and judgment of the court below are just and acceptable, and there is no error of law by misunderstanding the legal principles as to the public performance in the crime of defamation such as theory of lawsuit. It is not acceptable to accept the theory of lawsuit on the premise that it is not included in the facts charged, or it is erroneous in the judgment of the court below in other opinion

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

Justices O Sung-sung(Presiding Justice)