The meaning of public performance in the crime of defamation

In the crime of defamation, the public performance refers to the state in which many, unspecified or unspecified persons can be recognized, and even if false information was disseminated on a job where two people exist, if there is a possibility of spreading such false information to the outside, it does not affect the establishment of defamation.

Article 307 of the Criminal Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Dong-young and 1 other, Counsel for plaintiff-appellant)

Defendant

Defendant

Attorney Jin-law

Seoul Criminal Court Decision 94No900 delivered on June 14, 1994

The appeal is dismissed.

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court of first instance and the reasoning of the judgment of the court of first instance cited by the court below in light of the records, it is reasonable for the court below to acknowledge the criminal facts of the defendant as stated in its reasoning by comprehensively taking account of the evidence cited by the court of first instance and the judgment of the court of first instance, and there is no error in violation of the rules of evidence or failing to exhaust all necessary deliberations in the determination of evidence in the process, and the fact of mistake of facts cannot be a legitimate ground for appeal

2. Of the grounds of appeal, that there was a misapprehension of the legal principles as to Article 78 of the former Attorney-at-Law Act (amended by Act No. 4544, Mar. 10, 1993; hereinafter the same) in the judgment of the court below, the content of the judgment below is merely a mistake of facts, and it does not constitute a legitimate ground of appeal, and there is no misunderstanding of the legal principles as to the facts recognized

3. In the crime of defamation, the public performance refers to the state in which many, unspecified or unspecified persons can be recognized, and even if there is a possibility of spreading false information to the outside, if there is a possibility of spreading it to the outside, it does not affect the establishment of the crime of defamation. According to the records of this case, although the defendant spreads false information on two or three locations, it is a public place such as street or restaurant, etc., but such location is not only a public place such as the street or restaurant, and the talks are not exposed to the circumstances to keep the victim secret without spreading such talks of the defendant, and as a result, it is deemed that such false information on the victim was spread to many and four people, and the victim's criminal conduct in the judgment of the court below has already satisfied the requirements of performing the public performance in the crime of defamation at the time of such act. This part of the grounds for appeal on this point is without merit.

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

Justices Park Jong-chul (Presiding Justice)