Whether Article 310 of the Criminal Code applies to acts stipulated in Article 309 (1) of the same Act (negative)

The provision that a person shall not be punished for any true facts under Article 310 of the Criminal Act relating to public interest shall not apply to acts under Article 309 (1) of the same Act where there is a purpose of slandering a person, and shall apply only to acts under Article 307 (1) of the same Act which do not require the above purpose.

Articles 307, 309, 310 of the Criminal Act

Supreme Court Decision 70Do1266 Delivered on July 21, 1970

Defendant

Defendant

Seoul Criminal Court Decision 84No1560 delivered on May 30, 1984

The appeal is dismissed.

The defendant's grounds of appeal are examined.

Examining the evidence presented by the court of first instance by comparison with the records, the court below recognized the fact that the defendant has damaged the reputation of the victim by openly pointing out the facts as distributed in the church bulletin for the purpose of slandering the victim, and applied the so-called above to the measures of the defendant pursuant to Article 309 (1) of the Criminal Act, and it cannot be said that there is an error in the theory of lawsuit, and the provision that the defendant shall not be punished for the sake of public interest as a true fact under Article 310 of the same Act shall not apply to the acts under Article 309 (1) of the same Act where the purpose of slandering the victim as in this case is not to apply to the acts under Article 309 (1) of the same Act, but shall apply only to the acts under Article 307 (1) of the same Act where the above purpose is not required (see Supreme Court Decision 4293Ma823, Oct. 26, 1960).

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

Justices Kim Jong-sik (Presiding Justice)