모욕
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) the writing written by the Defendant in B in the comments written by the victim in B (hereinafter “the text of this case”) in consideration of the characteristics of B and virtual space, the victim was not able to perform and the victim was specified.
shall not be deemed to exist.
2. Determination
A. Since the offense of insult is established by expressing a warning that may undermine the social evaluation of a specific person or an organization possessing personality, the victim must be identified (see Supreme Court Decision 2011Do15631, Mar. 27, 2014). However, even if the real name of a specific person is not expressed, if it is possible to find out that the specific person is identified in light of the contents of the expression in light of the surrounding circumstances, it is difficult to avoid liability for the offense of insult against the specific person (see, e.g., Constitutional Court Decision 2007HunMa461, Jun. 26, 2008; Supreme Court Decision 82Do1256, Nov. 9, 1982).
B. In light of the above legal principles, the following circumstances that can be recognized by the evidence duly adopted and examined by the court below, i.e., ① the Defendant drafted this case’s writing in the form of writing written comments made by the victim in B of the famous politician B, even those visiting the above B, if anyone talks on the comments, he could have seen this case’s writing, and ② the victim’s name was written in English, and the victim’s name was written in English, and the victim’s personal information, such as the victim’s name, education, etc., was disclosed to B. In light of the above legal principles, the court below’s decision is justified as the Defendant’s performance and specific requirements were satisfied.
(c)
Therefore, the defendant's assertion.