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(영문) 서울중앙지방법원 2019.08.23 2018고정1890

모욕등

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 20:00 on September 28, 2017, the Defendant publicly insultingd the victim “as there are approximately eight motive students of Dschool in Pyeongtaek-gun B, Gangwon-do.”

Summary of Evidence

1. Partial statement of the defendant;

1. The victim and E’s partial statement of the court (the Defendant merely expressed that the victim’s wrong perceptions about the divorced female and that it was an intention to lower the Defendant’s social evaluation. A. The insult referred to in the offense of insult refers to the expression of an abstract judgment or sacrific sentiment that may undermine the people’s social evaluation without stating the fact (see Supreme Court Decision 2008Do1433, Jul. 10, 2008).

According to the evidence duly reviewed and adopted by the court, the defendant and the victim divided several stories about women who introduced the victim on the day of the instant case, and the victim asked the defendant to the effect that he did not inform in advance of the information that he/she was not divorced despite the defendant's accurate notice of his/her specific academic background to the "high school graduate". The defendant stated to the effect that he/she did not inform in advance the defendant of the information that he/she was divorced. The defendant could recognize the fact that he/she talked to the effect that it would rather be more serious than 4 points out of the various motives of the Dschool.

C. Therefore, it is reasonable to view that the motives of the group D school in front of the instant car page could easily be seen that the expression was referred to the victim, and that the Defendant was well aware of such circumstances.

In addition, the expression such as "brut" is not wide enough to understand any situation.