Whether it is a published publication under Article 309 of the Criminal Act, which is made with a spawn pen written in the spawn place.

An advertisement containing the personal information, impression, weather, etc. of a specific person on the corner of a mother 25 centimeters wide and about 30 centimeters long, and an advertisement containing the purport that the person, as a mentally divided patient, shipped without permission, shall not be deemed to constitute a publication as referred to in Article 309 of the Criminal Act.

Article 309 of the Criminal Act

Defendant

Defendant

Attorney Hah Jin-kin

Cheongju District Court Decision 84No523 delivered on April 26, 1985

The judgment of the court below is reversed, and the case is remanded to Cheongju District Court Panel Division.

The first ground for appeal by the defense counsel is examined.

According to the reasoning of the judgment of the court below, the court below, citing the judgment of the court of first instance, acknowledged the fact that the defendant was suffering from mental illness at the home of the defendant on January 1, 1984, and found a person on the blank for the purpose of slandering the person although there was no mental suffering, and even though there was no mental suffering, the above person's personal information, impression, horse weather, etc. are recorded on the blank, and 10 copies of an advertisement stating "if the person was transported without permission on November 23, 1983 as a mentally divided patient, so the contact is changed," and then sent the advertisement to the 1, 2, and 3 persons, who are the relatives of the defendant, and then sent the advertisement to the 1, 2, and 3, the above victim's reputation by openly pointing out false facts and applying Article 309 (2) and (1) and Article 307 (2) of the Criminal Act to that act.

However, according to the records (No. 16 of investigation records), the advertisement of this case where the defendant prepared ten copies and sent them to several relatives, etc. The advertisement of this case is about 25cm wide, about 30cm long, and about 30cm long, and the above contents as seen above are recorded (partly copied). The purpose of the Criminal Act is to punish the crime of defamation by publication, etc. more severe than that of ordinary defamation. Considering that the use of publication, etc. in a factual manner is able to be heard by many people, and that the degree of infringement of legal interests against victims is greater, such as long-term preservation, etc., it is difficult to view that the same advertisement of this case constitutes a publication as defined in Article 309 of the Criminal Act. Accordingly, the court below's action against the defendant's act under Article 309 (2) of the Criminal Act constitutes an unlawful law by misunderstanding the legal principles as to publication, and therefore, the above crime of defamation is not exempt from the relation of reversal of Article 37 of the Criminal Act.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices O Sung-sung(Presiding Justice)