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Main Issues
71 Whether the act of mailing printed matter to a member is a public performance (affirmative)
Summary of Judgment
The so-called 71 criminal defendant distributed printed matter by mailing to 71 members, which states the fact that he/she may damage another person's reputation, is somewhat limited to the scope of the distributor, and even if the addressee is specified, the crime of defamation is established.
[Reference Provisions]
Article 307 of the Criminal Act
Defendant-Appellant
Defendant
Judgment of the lower court
Seoul Criminal Court Decision 79No8829 delivered on December 18, 1980
Text
The appeal is dismissed.
Reasons
The defendant's grounds of appeal are examined.
With respect to No. 1:
The court below, based on its show evidence, found that each fact is false, and that the defendant was well aware of the fact that the accusation was made and distributed by the defendant, and recognized the establishment of a false accusation against the defendant, it is sufficiently acceptable according to the records, and there is no error of law by misunderstanding the rules of evidence or misunderstanding the legal principles of a false accusation.
With respect to Section 2:
The so-called "public performance" in the crime of defamation is adequate in a state where many and unspecified persons can be recognized, and the so-called "the case in which the defendant distributed printed matter, which contains a fact that may damage the reputation of others, by mailing to 71 members, is somewhat limited to the scope of persons who have been distributed the printed matter, and even if the addressee is specified, the performance can be achieved. Therefore, the court below's approval of the crime of defamation as to the so-called "the defendant's judgment is just, and the court below's approval of the crime of defamation is just, and even if the so-called "the defendant does not defame an individual," as the theory of novels, and even if it was for the public interest,
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Seo Il-sung (Presiding Justice)