모욕
The prosecutor's appeal is dismissed.
1. The purport of the grounds for appeal that the church manager is a person who maintains a close relationship with the gathering pastor can be seen by anyone if he/she uses the Internet camera of this case. Thus, it is reasonable to view that the Defendant’s expression “as he/she had already become a co-owner, and as he/she becomes a co-owner, he/she shall be deemed to have designated the victim as a victim.”
On a different premise, the judgment of the first instance that acquitted the defendant was erroneous.
2. Determination:
A. The offense of insult is established by expressing a warning that may undermine the social evaluation of a particular person or an organization possessing character, so the victim must be specified.
In addition, the so-called collective indication makes it difficult to interpret that the content of insult is for a specific person belonging to the group, and in the event that the degree of criticism by a collective indication is dilution and the degree of criticism does not reach the degree of impact on the social evaluation of each member, the insult of each member is not established. In the event that the degree of such criticism is not dilution and it is deemed that the degree of criticism is likely to undermine the social evaluation of each member, the insult of each member can be established exceptionally.
On the other hand, when the number of members is less than that of each individual member or when it can be regarded as referring to an individual member within the group in light of the surrounding circumstances at the time, the individual member within the group shall be deemed to be specified as the victim. The specific criteria may include the size of the group, the nature of the group, and the status of the victim within the group.
(Supreme Court Decision 2002Da63558 Decided September 2, 2003; Supreme Court Decision 2012Do13189 Decided January 10, 2013; Supreme Court Decision 201Do15631 Decided March 27, 2014, etc. (see, e.g., Supreme Court Decision 201Do15631, Mar. 27, 2014).
The first instance shall be.