(a) A public performance in committing defamation, where publication is distributed to fifteen persons who belong to the same school group;

B. Whether illegality exists in a case where the statement of defamation is false

A. Since the public performance, which is the element of the crime of defamation, refers to the state where many, unspecified persons or group of people recognize the public performance, the Defendants seems to meet the requirements of public performance as long as the Defendants distributed 15 copies of the publication of this case to the members of the church to which the Defendants belong, and even if some of the distributed persons are the persons who participated in the preparation of the above publication, no complaint exists to conclude.

B. Inasmuch as the content of publication that defames another person is false, illegality is recognized as a matter of course.

A. Articles 307 and 309 of the Criminal Act; Articles 20, 309(2), and 310 of the Criminal Act

Defendant 1 and three others

Defendants

Attorney Hwang Sung-soo

Gwangju District Court Decision 83No899 delivered on November 4, 1983

All appeals are dismissed.

1. We examine the Defendants’ defense counsel’s ground of appeal No. 1.

According to the evidence of the employment of the court of first instance maintained by the court below, since the defendants distributed a publication containing false facts for the purpose of slandering the non-indicted 1 and 2 like the time of the first trial, and it is sufficiently recognized that the above people's reputation is damaged, the court below's decision that decided the defendants as defamation by publication is just and there is no error of law of misunderstanding the rules of evidence, incomplete hearing, or the legal principles as to the purpose of defamation, such as the theory of lawsuit.

2. We examine the grounds of appeal Nos. 2 and 3.

Since the public performance, which is the element of the crime of defamation, refers to the state where many and unspecified persons recognize it, as the judgment of the court below, since the defendants distributed 15 copies of the publication of this case to 15 members of the church to which the defendants belong, as long as the defendants distributed 15 copies of the publication of this case to the members of the church to which the defendants belong, the requirements of public performance are met. There is no complaint with the conclusion even though some of the distributed persons are the participants in the preparation of the above publication like the theory of the lawsuit, so there

In addition, as long as the contents posted in the above publications are false facts, it is recognized as illegal as a matter of course, and it is not recognized as illegal under the social norms, it cannot be employed as it is merely a theory.

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

Justices Lee Lee Sung-soo (Presiding Justice)