모욕
The judgment of the court below is reversed.
Of the facts charged in this case, the insult 1 to 5 of the attached list of crimes is insulting.
1. Summary of grounds for appeal;
A. Although it is consistent with the misunderstanding of facts or legal principles that the Defendant written comments on Internet articles as critical contents against the Internet articles, it does not constitute insult against the complainant, and in light of the content, date, time, place, etc. of the comments, it does not constitute “competence” inasmuch as it is within the scope protected by the freedom of expression under the Constitution in light of the content, date, and place of the comments.
B. Sentencing
2. Determination
A. Prior to the judgment on the grounds of appeal by the Defendant, prior to the judgment of ex officio (the fact of insult No. 6 to 12 in each case’s list of crimes), we examine ex officio as to the insult of each of the insults in the attached crimes No. 6 to 12 out of the facts charged in the instant case.
The facts charged in this part of the facts charged are as follows: “The defendant insultings the missing and his/her bereaved family members by means of writing comments on each other news posted on the Internet site D around April 21, 2014; 13:5 on the same day; 16:16 on the same day; 11:29; 09:27 on the same day; 04:31 on the same day; 08:45 on April 21, 2014; 13:06 on April 19, 2014; and it constitutes a crime falling under Article 311 of the Criminal Act, for which prosecution may be instituted only when a victim files a complaint pursuant to Article 312(1).
On the other hand, each insult of the offenses 6 to 12 pages 6 through 12 are related to the crime date and time of the offense, articles subject to writing comments, and protection of legal interests. Therefore, a public prosecution may be instituted only when the victim files a specific complaint regarding each insult.
According to the records, H at the time, on August 20, 2014, at the time, submitted a written complaint to an investigation agency on the following facts: “The Defendant insultingd the missing and his/her family members on 13 occasions between April 16, 2014 and April 14:50 on 21, 2014.” (it is unclear whether the Defendant filed a complaint as the representative of the H E-family organization, but is the representative of the E-family organization and the individual qualification of the E-family organization.