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(영문) 부산지방법원 2013.04.18 2012고정5858

모욕

Text

The defendant shall be innocent.

Reasons

At around 15:00 on August 13, 2012, the Defendant publicly insulting the victim by speaking to “the victim G (33 years old) who is the director of the publicity division of the FFMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM

Judgment

In the crime of insult as referred to in the crime of insult, the expression of abstract judgment or warning that may undermine people’s social evaluation without mentioning facts, and even in a case where a certain article contains especially insulting expressions, if such expressions can be seen as acts that do not contravene social norms in light of the sound social norms of the times, illegality is exceptionally dismissed pursuant to Article 20 of the Criminal Act (see Supreme Court Decision 2008Do1433, Jul. 10, 2008). According to the evidence adopted by the court and examined by the court, the Defendant was able to report the scamity of the members of E branch with three parallels at the place away from the point of time of the occurrence of the instant case at the time of the occurrence of the instant case, the victim started to take a video site using the cell phone, and the victim took a cell phone to the direction of the Defendant, while making the Defendant’s speech to Defendant with his cell phone, and the victim continued to have an access to the mobile phone by taking the Defendant’s hand.

According to the above facts and evidence, the victim photographs the defendant without permission from the defendant.