beta
(영문) 수원지방법원 2015.07.31 2014노4590

모욕

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) In the event of misunderstanding of facts or misunderstanding of legal principles, the witness was only a police officer called up and Defendant B, his or her father, who was his or her father at the time when the Defendant took a bath to the victim F, so the Defendant’s bath theory was not in a state where many and unspecified persons

Therefore, the facts charged of the insult of this case are not recognized as a public performance.

(2) Even if not, on the basis of unreasonable sentencing, the sentence imposed by the court below (one million won of fine) on the defendant is too unreasonable.

B. Defendant B (1) The Defendant did not assault police officers G at the time of misunderstanding of facts.

(2) Does not so, Co-defendant A is not a case of arrest of Defendant A as an offender in the act of committing a crime, in light of the punishment of the act of Co-Defendant A, which was either fledd at the time or unlikely to destroy evidence, the present and time contact between the crime, and the apparentness of the crime, etc., and thus, arrest of Defendant A constitutes an illegal performance of official duties that does not meet the requirements for arrest. Therefore, the act of the Defendant to restrain the arrest constitutes self-defense or legitimate act. (B) The legality of the execution of official duties is not recognized, such as the police officers dispatched at the time when the Defendant was committed a crime, without notifying the Defendant of the doctrine that the Defendant was not disturbed in the course of his participation. Therefore, the illegality of the

(3) The sentence (two million won of fine) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. (1) In determining Defendant A’s assertion of mistake or misapprehension of legal principles, the term “public performance” in the crime of defamation or insult means a state in which many and unspecified persons can be recognized, so if there is a possibility that a certain fact about a specific person may be disseminated to an unspecified or many unspecified persons, even though having talked about it, the requirements for public performance are met.