모욕
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is related to the comments posted by the victim, and even if there is no expression referring to the victim, it is consistent with the common sense to deem that the written comments were written against the victim. The Defendant also stated in the police investigation that “the instant comments were written by the victim and all persons who carried the comments on the comments,” and that “the expression “the instant comments” cannot be deemed to be negligible to the degree of insult, and even if using the real name of the Internet, it is difficult to deem that he/she had disclosed his/her identity. In light of the fact that the number of times of insult in the crime of insult is not important, and that the insulting expressions written in the text can be seen to be continuously seen to be many persons, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, and thereby acquitted the Defendant.
2. Determination
A. On December 14, 2013, at around 01:46, the Defendant, at the above residence, has access to the “A” on the bulletin board of the website of Ara (htp://aga. Media. dume) and has access to the “A” by the victim C, and there is a lot of persons who were not able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to able to
The end of the loss refers to the month, and the end of the loss made it possible to think of it, and the victim openly insultd the victim by preparing and posting the comments of the ‘Woori'''', which means that he think of it.
B. The lower court’s judgment: (a) The Internet bulletin board, on which many and unspecified people with different opinions present and discuss each other; (b) where one another’s opinions are different, it can often be seen as a case where a somewhat emotional or exaggerated expression is used in the process of claiming that one’s own opinions are correct; and (c) the writing of C differs from a statement of comments and answers.