Article 310 of the Criminal Code applies only when the act under Article 307 (1) of the same Act is true and solely for the public interest.

This section shall apply only when it is limited to the acts of Section 1 of Article 307 of this Act and such acts are solely for the public interest as true facts.

Article 310 of the Criminal Act

Defendant

Prosecutor

Seoul Criminal District Court Decision 69No3792 delivered on March 20, 1970

The judgment of the court below is reversed.

The case shall be remanded to the Panel Division of the Seoul Criminal Court.

The prosecutor's grounds of appeal are examined.

According to Article 310 of the Criminal Code, since Article 307 (1) of the same Act provides that the act of the defendant under Article 307 (1) of the same Act shall not be punished if it is true and solely for the public interest, so the application of the above Article 310 is limited to the act under Article 307 (1) of the same Act. According to the reasoning of the judgment below, the defendant's statement is recognized as a fact that the defendant made a statement as stated in the facts charged, and it is not against any individual in a democratic state, nor is it about the public interest, and it is not illegal, so the prosecutor's statement that the defendant's statement should be judged not guilty as it constitutes a crime, and therefore, the facts charged by the prosecutor

However, according to the prosecutor's bill of indictment against the defendant, the name of the crime is defamation and applicable provisions are stated in Article 307 (2) and (3) of the Criminal Act, and the facts charged are as follows, stating that the name of the crime is harming the reputation of the President of Park Jong-hee, who is the head of the State by openly pointing out false facts by openly recording the facts in the indictment. Thus, it is obvious that the facts charged by the prosecutor is a criminal fact under Article 307 (2) of the Criminal Act, which is not subject to

Nevertheless, the judgment of the court below should not be reversed, since the court below erred in the misunderstanding of the facts charged by the public prosecutor, or in the misunderstanding of the legal principles under Article 310 of the Criminal Act, which affected the conclusion of the judgment, and the judgment of the court below should not be reversed. The prosecutor's appeal on this point is with merit. It is so decided as per Disposition by the assent of all participating Justices on the bench that the facts charged by the public prosecutor were not a crime.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court. It is so decided as per Disposition by the assent of all participating Justices.

Judge Han-dong (Presiding Judge) of the Supreme Court