모욕
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is written by the Defendant under the title “age memory =D stories” as stated in the facts charged of this case, and this article is merely a creative production of the Defendant, and its content is irrelevant to the victim C, so it is not prepared to insult the victim.
Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the judgment.
2. Determination
A. Although it is inevitable for a victim to be specified in order to establish a crime of insult, it is not necessarily required to specify a person’s name or organization’s name at the time of such specification, but is not required to specify a person’s name or organization’s name. Even if a person’s name is not indicated or a person’s name is used only in two characters or socials, if such expression’s name can be identified in full view of the surrounding circumstances and the surrounding circumstances,
(See Supreme Court Decision 2008Da27769 Decided February 26, 2009)
B. The following facts are acknowledged according to the evidence duly adopted and examined by the court below and the court below.
The defendant and the victim have been in the past in the organization of I, and both are members of "B" (hereinafter referred to as "B") next to the Internet.
The defendant pointed out or criticizes the victim's wrongness in B, and the victim took place a criminal complaint or civil lawsuit against the defendant, etc., which is not good among the members of B, and many of the members of B knew of this fact.
In relation to a claim for damages filed by a victim, the Defendant was punished by a fine for insult on March 5, 201, on the ground that the Daegu District Court completed the date for pleading of the lawsuit and expressed the victim’s desire to feel.
On December 30, 2011, the defendant around 05:13 is on the B freely accepted bulletin board.