Acts of sending a petition and performance;

The term "public performance", which is the constituent element of the crime of defamation, means a state in which many and unspecified persons can recognize it, must be conducted against many and unspecified persons, or such facts are likely to be disseminated to many and unspecified persons, and thus, mailing a written petition that defames others has no public performance.

Article 307(1) of the Criminal Act

Defendant

Prosecutor

Attorney Kang Shin-ok

Seoul Criminal Court Decision 83No49 delivered on April 29, 1983

The appeal is dismissed.

We examine the grounds of appeal.

In order to constitute a crime of defamation under Article 307(1) of the Criminal Act, there must be an act of publicly alleging facts. In this case, performance refers to the condition recognizable to many and unspecified persons, and the act of publicly alleging facts should be conducted against many and unspecified persons, or such facts should be disseminated to many and unspecified persons. Therefore, the court below's decision that the act of sending the petition of this case to the same purport is just and there is no error in the misapprehension of legal principles as to the public performance of the lawsuit, and there is no ground for appeal.

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

Justices Lee Il-young (Presiding Justice)