모욕
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal that the defendant posted on the Internet bulletin board with the same content as that of each of the facts charged in this case is intended to inform the defendant of the error that he unfairly deducteds the president and church properties from D, etc.
2. Determination
A. “Act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as an act that does not contravene social norms, and thus, illegality should be avoided, based on specific circumstances, on an individual basis, based on the following: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the benefit and the benefit of infringement; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act.
B. (See, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003)
Based on the above legal doctrine, there are circumstances to consider the motive and circumstance in which the defendant posted on the Internet bulletin board the same content as the stated in the judgment of the court below, such as the legal dispute between the Ed principal F. and D.
Even if the defendant expressed a statement that slanders the victim's personality and defames the victim, various circumstances such as the relationship between the defendant and F and the victim, and the degree of insult that the victim could feel through such expressions as described in the decision of the court below.