모욕
The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
On July 13, 2019, around 15:36, 2019, the Defendant took part in the three-month counter conference that was going on the street in front of the Seoul Jongno-gu Seoul Jongno-gu Seoul Sejong, the Defendant made a public insult of the Victim B, who was taking a photograph of the situation by a Handphone, using a large number of unspecified figures.
Maz.
1. The offense of insult under Article 311 of the Criminal Act is an offense, the legal interest of which is protected by the law, which means a social evaluation of a person’s value, and refers to an offense of insult under Article 311 of the Criminal Act, and an expression of abstract judgment or sacrific sentiment in a manner that may undermine a person’s “social evaluation”
(See Supreme Court Decisions 87Do739 delivered on May 12, 1987, and 2003Do3972 delivered on November 28, 2003, etc.). Unlike the foregoing, the establishment of the offense of insult should not be determined in accordance with the following: (a) the legal interest protected under the crime of insult is deemed to be a person’s “honorary appraisal”; and (b) thereby, the determination of the establishment of the offense of insult should not be made by misunderstanding the legal interest of
Therefore, if a certain expression is not objectively conducted in a way that may undermine the social evaluation of the other party’s personal value, even if such expression was expressed in a very indecent and exceptional manner, and the other party’s impasible appraisal was made due to such expression, it cannot be deemed as constituting the constituent elements of the offense of insult.
Whether an expression constitutes a crime of insult or insult, in addition to the content of the expression, is objectively affected by the other party’s social evaluation of the other party’s personal value, taking into account the relationship between the speaker and the other party, the details and frequency of the speech made by the speaker, the meaning and overall context of the speech, the place where the speech was made and the circumstances before and after the speech.