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(영문) 부산지방법원 2016.04.19 2015노3973

모욕

Text

The guilty portion of the judgment of the court of first instance shall be reversed.

Defendant

B. The summary of the judgment on Defendant B is not guilty.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below 1) since Defendant B posted an article to respond to the wrongful operation of the victim's school by misunderstanding the facts and misunderstanding the legal principles, the court below found Defendant B guilty of this part of the facts charged despite the fact that the crime of insult was not constituted, it erred by misapprehending the legal principles or by misapprehending the legal principles that affected the conclusion

2) It was found that the Defendant was at the scene of the crime on April 23, 2014, and on the 27th of the same month that he/she did not have any fact-finding by the prosecutor.

The judgment of the court below which acquitted the Defendant on the ground that it erred by misapprehending the legal principles.

B. Defendant B was at the site of assembly on May 9, 2014, but did not participate in the assembly, and Defendant A found guilty of this part of the facts charged despite the absence of the place of assembly, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On April 28, 2014, the Defendant, at around 23:08, issued a written judgment on Defendant B’s assertion that Defendant B had a public performance room, is a malicious company that weakly excluded from the school facilities and welfare funds by using his/her mobile phone in “G high school 1 year.”

I have the honor of seeing students to read themselves.

“Publicly insulting the victim H by posting a letter “.”

B) The lower court found the Defendant guilty of the instant facts charged based on the evidence in its judgment.

However, we cannot agree with the above judgment of the court below which convicted the defendant for the following reasons.

C) The offense of insult referred to in the offense of insult of a party’s deliberation does not indicate the fact, and expresses an abstract judgment or sacrific sentiment which might undermine a person’s social evaluation, and is what is.