The case affirming the judgment of the court below which acquitted an executive or employee of the Korea Media Rating Board on the ground that Article 1 (2) of the Criminal Act and Article 326 subparagraph 4 of the Criminal Procedure Act are applicable in case where a public prosecution was instituted against the executive or employee of the Korea Media Rating Board for the preparation of false public documents and the crime of uttering, since Article 91 of the former Act on the Promotion of Motion Pictures and Video Products as substitute for Article 48 of the former Act on the Promotion of Motion Pictures and Video Products reduces the criminal

Article 48 of the former Sound Records, Video Products and Game Software Act (repealed by Act No. 7943, Apr. 28, 2006); Article 91 of the Promotion of Motion Pictures and Video Products Act; Article 1(2) of the Criminal Act; Article 326 subparag. 4 of the Criminal Procedure Act

Defendant 1 and two others

Prosecutor

Attorney Park Young-chul, et al.

Supreme Court Decision 2008Do93 Decided March 26, 2009

Seoul Central District Court Decision 2009No882 Decided June 19, 2009

The appeal is dismissed.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below stipulated that Article 48 of the former Sound Records and Video Products Act (repealed by Act No. 7943 of Apr. 28, 2006), which is a penal provision on the facts charged of this case, provides that "members and employees of the Korea Media Rating Board, members and members of subcommittees, and executives and employees of the Korea Media Rating Board who engage in the business entrusted under Article 47, shall be deemed public officials in applying the penal provisions under the Criminal Act and other Acts and subordinate statutes," but Article 91 of the Promotion of the Motion Pictures and Video Products Act, which was enacted on Apr. 28, 2006 and enforced on Oct. 28, 2006, provides that "the members and employees of the secretariat thereof, shall be deemed public officials in applying the penal provisions under Articles 129 through 132 of the Criminal Act, etc., which shall be reduced to crimes related to bribery, which are deemed public officials and employees of the Korea Media Rating Board, and such act shall be deemed to constitute a new and unfair punishment under the Criminal Act.

In light of the records, the above judgment of the court below is just and acceptable, and there is no error of law such as misunderstanding of legal principles as alleged in the grounds of appeal.

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

Justices Lee Hong-hoon (Presiding Justice)