(a) Method of reporting false facts in the crime of false accusation;

B. The meaning of public performance in the crime of defamation

A. As to the method of reporting false facts in a crime of false accusation, it is not sufficient to report the false facts in writing, and if the contents of the report are false facts for the purpose of having a criminal or disciplinary punishment imposed upon another person, it is sufficient to say that the name of the report is the letter of complaint, but it does not necessarily constitute a crime of false accusation.

B. Public performance, which is the constituent element of the crime of defamation, refers to a state in which many, unspecified or unspecified persons can be recognized. Thus, even if a fact was distributed to one person, if there is a possibility of spreading it to an unspecified or unspecified person, the requirement

A. Article 156 of the Criminal Act

A. Supreme Court Decision 77Do1445 delivered on June 28, 197, Supreme Court Decision 68Do1569 delivered on December 24, 1968, Supreme Court Decision 81Do1023 delivered on October 27, 1981, Supreme Court Decision 85Do431 delivered on April 23, 1985

Defendant

Defendant

Attorney Kim Jong-soo

Msan District Court Decision 83No257, 512 delivered on September 21, 1984

The appeal is dismissed.

The Defendant and his defense counsel’s grounds of appeal are examined as follows. (The grounds of appeal by the Defendant are examined after the expiration of the submission period.)

1. As to the Defendant’s grounds of appeal and the first ground of appeal by the defense counsel

According to the evidence adopted by the court below, among the contents of each written complaint and written complaint submitted by the defendant at the time of the original inquiry, the fact that the defendant was consulted, abused, or threatened by an investigative police officer during the investigation process of the criminal case against himself/herself, can be sufficiently recognized, and since the contents of the evidence preparation which has undergone the fact-finding cannot be viewed as violating the rules of evidence, such as the theory of lawsuit, it is not reasonable to discuss that part of the court below's fact-finding and the evidence preparation is erroneous. In addition, in the case of the crime of false accusation, the method of report of false facts is not only a document by oral objection, but it is not sufficient if the contents of the report are false for the purpose of criminal punishment or disciplinary action against him/her, and it does not necessarily constitute a crime of false accusation. Accordingly, according to the facts established by the court below, the name of the defendant's written complaint submitted by the defendant is nothing more than a written complaint, and it is evident that the defendant submitted false facts to the investigation agency through the Prosecutor General of the Prosecutor's Office.

2. As to the second ground for appeal by the defense counsel

Public performance, which is the constituent element of the crime of defamation, refers to a state in which many and unspecified persons can be recognized, so even if a fact was distributed to one person individually, if there is a possibility of spreading it to an unspecified or many unspecified persons, the requirement of public performance should be satisfied. (See Supreme Court Decision 68Do1569, Dec. 24, 1968; Supreme Court Decision 81Do1023, Oct. 27, 1981; Supreme Court Decision 85Do431, Apr. 23, 1985, etc.)

Although the facts of the theory (a), (c), (d), (e) and (f) that the defendant distributed to Kim Dong-sik, Won-ho, and Song Tae-tae, etc., are nothing more than spreading to each individual, it is sufficient to view that the defendant's distribution of the facts was possible to sufficiently disseminate to all unspecified or many unspecified persons, and therefore, the court below's measure against the defendant as a crime of defamation is just, and there is no error of law by misunderstanding the legal principles of performance, such as theory.

3. Therefore, all arguments are without merit, and the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju