Cases of denying the criminal intent and public performance of defamation;

Cases of denying the criminal intent and public performance of defamation;

Article 307 of the Criminal Act

Defendant

Prosecutor

Jeonju District Court Decision 80No1210 delivered on March 18, 1981

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the reasoning of the judgment of the court below, the place where the defendant discovered the non-indicted as if the victim was a non-indicted woman, such as the content of the prosecution, was at night at the time as a village street room, and only the non-indicted victim was a married person, and the aforementioned false facts were found to have been discovered. The defendant's brupted with the non-indicted who was the father who was the non-indicted who was the non-indicted brut, caused the defendant's bruting of the above false facts, which led to the bruding of the non-indicted brud in the process of gathering the non-indicted.

In light of the above facts, we affirm the measures that the court below held that it is difficult to conclude that the defendant had a criminal intent to harm the reputation of the victim, and there is no error of law by misunderstanding the legal principles as to the criminal intent of defamation, such as the theory of lawsuit, and it is difficult to objectively recognize the possibility of spreading the content of the above, i.e., the possibility of public performance, and therefore, it is just in the judgment

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

Justices Lee Lee Sung-soo (Presiding Justice)