모욕
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is erroneous in the misapprehension of facts and misapprehension of legal principles by misapprehending the legal principles that the Defendant’s act of posting the name and occupation of the applicants of the government textbook, including the victim D, in detail, constitutes an unlawful act of lacking the reasonableness of the method, balance of legal interests, and supplementary nature.
2. Determination
A. On October 28, 2015, the Defendant posted the name and occupation of the victims of the National Textbook supporters of the State, including the victim D, on October 27, 2015, at around 20:2, under the title “The consent of the National Purification Textbook, each country labor union, historical distortion, each country’s human life advance 1, the list belonging to each country, and the Punishment of Anti-National Labor Management Act”, and publicly insulting the victim by stating “The victim’s 51mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si’s history”.
B. (1) Even in cases where a certain expression contains an abstract judgment or a sacrific appraisal that may undermine a person’s social assessment, the relevant expression should be deemed unlawful by Article 20 of the Criminal Act, barring any special circumstances, in view of the motive, circumstance, and background leading up to such expression, overall purport of the speech, specific method of expression, logical and objective validity of the premiseed fact, the degree of the insulting expression in the entire speech and its overall relation with its overall contents, etc.
However, the public interest of public existence is examined.