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(영문) 춘천지방법원 2017.07.06 2017고단261

모욕

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. In the facts charged, the Defendant: (a) was a person using the NAV carpet “C” as the clinic; and (b) lent money to the Victim G operating the bamboo craft of “F” with the NAV as the NAV (E); (c) but (d) did not receive proper repayment, there was a dispute over G and money.

A. On August 28, 2016, the Defendant, at the Defendant’s office located in Chuncheon-si H, connected to NAV “C” carpet (hereinafter “the instant carpet”) and sent notice “J” to Thai-si, stating that the Defendant would make public the contents of the Kax sent and received between individuals under the title “I”.

B. On September 3, 2016, the Defendant considers “K” as the title “K” by accessing the Defendant’s office at around September 3, 2016.

From one to one omitted) his human relationship is false.

“.......”

(c)

Defendant filed an objection under the title “L” around November 13, 2016, as the title “L”, against which M still continues to exist from the acts of gent X to the application for the payment order in civil litigation.

Above 100

“.......”

Accordingly, the defendant openly insultingd the victim three times.

2. Determination

A. In the crime of insult as referred to in the crime of insult, the expression of an abstract judgment or a sacrific sentiment that could undermine the people’s social evaluation without a statement of fact is an expression of an abstract judgment or a sacrific sentiment. Even in a case where any expression of opinion contains especially insulting expressions, if such expression can be deemed an act that does not violate the social norms in light of the sound social norms in the era, it is exceptionally dismissed in accordance with Article 20 of the Criminal Act (see Supreme Court Decision 2008Do1433, Jul. 10, 2008, etc.). (b) The Defendant also recognized the fact that the Defendant posted the same article as the facts charged, and in particular, the victim G is “human least finite.”