Whether Article 310 of the Criminal Act can be applied to an act falling under Article 307 (2) of the Criminal Act (negative)

Article 310 of the Criminal Act in the case where illegality is removed by Article 310 of the Criminal Act shall be limited to the case where the act under Article 307(1) of the Criminal Act is true and solely for the public interest, and there is no room to apply Article 310 of the Criminal Act to the act falling under Article 307(2) of the Criminal Act with regard to the

Articles 307(2) and 310 of the Criminal Act

Supreme Court Decision 84Do1547 delivered on September 11, 1984 (Gong1984, 1684) 85Do785 delivered on May 27, 1986 (Gong1986, 831) 86Do1603 delivered on October 14, 1986 (Gong1986, 3072)

A and one other

Defendants

Attorney B

Seoul Criminal Court Decision 91No5416 delivered on December 24, 1991

All appeals are dismissed.

1. Judgment on the first ground for appeal

If the evidence admitted by the court of first instance is compared with the records and reviewed by the court below, it can be sufficiently recognized that the defendants recognized that the contents of the article of this case were false, and the judgment below did not err by misapprehending the legal principles as to false perceptions such as the theory of lawsuit, or by misapprehending the rules of evidence, or by misapprehending the rules of evidence.

2. Judgment on the second ground for appeal

Article 310 of the Criminal Act is justified in the case where illegality is discovered under Article 310 of the Criminal Act only when the act under Article 307 (1) of the Criminal Act is true and public interest is limited to the case where the defendants knew that the contents of the article of this case are false, and in the case where the defendants' act constitutes Article 307 (2) of the Criminal Act, there is no room for application of Article 310 of the Criminal Act concerning the dismissal of illegality. Thus, the judgment of the court below which rejected the application thereof is justified, and there is no error of law by misunderstanding the legal principles of the dismissal of illegality,

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

Justices Park Jong-ho (Presiding Justice)