The crime of publicly alleging false facts and defamation that may identify a victim by taking full account of the surrounding circumstances is established.

The crime of defamation does not necessarily require a person’s name to be explicitly indicated, and thus, if the expression of false facts without a person’s name can be identified by comprehensively determining the contents of the expression in light of the surrounding circumstances, it constitutes defamation against the specific person.

Article 307(2) of the Criminal Act

Defendant

Defendant

Attorney Kim Young-young

Busan District Court Decision 82No258 delivered on April 22, 1982

The appeal is dismissed.

The defendant's defense counsel's grounds of appeal are examined.

In order to establish the crime of defamation under Article 307 (2) of the Criminal Act, the victim's act of publicly alleging false facts is identical to the novels, but since the statement of false facts without a person's name is not necessarily required to explicitly indicate false facts, if it is possible to judge the contents of the expression in light of the surrounding circumstances and comprehensively, whether it is a certain person, it constitutes defamation against the specific person. As legally determined by the court below, there has been disputes over the management of the clan properties between the non-indicted and the defendant, and 50 households among the 80 generation of new clans, and 50 households among the 80 generation of new clans, "if any of the branch members embezzled the clan properties" of the defendant's broadcasting, it is sufficient to view that it was a situation where at least a certain molecule is the non-indicted among the members of new clans who listened to the defendant's false facts, and therefore, it cannot be viewed that the defendant's act was a defamation of the non-indicted, and therefore, it cannot be viewed as unlawful by social norms.

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

Justices Yoon Il-young (Presiding Justice)