beta
(영문) 서울남부지방법원 2020.05.29 2019노135

모욕

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (legal scenarios) is beyond a mere criticism or rumor, using an anti-defensive expression by taking the victim against animals; the defendant's notice or banner, etc. does not express the circumstances or context where the victim's specific circumstances about the victim's improper speech or behavior at a minimum; and the court below acquitted the victim even though it is difficult to see that the method of expression is disavout and personal attack, it is unlawful in the misapprehension of legal principles.

2. The lower court, in light of the relevant legal principles, determined that the Defendant’s act was dismissed as an act that does not violate the social norms after the lower court explained in detail the circumstances and facts admitted by the evidence of this case.

In light of the records, the judgment of the court below is just and the prosecutor's above assertion is groundless.

3. If so, the Prosecutor’s appeal is without merit, and thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.