모욕
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. On September 24, 2015, the Defendant, at around 23:00, up to the Busan Northern District B Defendant’s house, published a statement in the name of the Defendant that “E name is cut off,” “E name is cut off,” and “EN is G E” by openly insulting the victim on the ground that the victim E, the general secretary of the group in the said game, “D,” caused the Defendant’s desire for the said group members, would block the Defendant’s her member from “F,” which is the Defendant’s clinic.
2. The offense of insult under Article 311 of the Criminal Act is an offense that protects an external reputation, which means a social evaluation of a person’s value, and refers to an offense of insult as defined in the offense of insult, namely, expressing an abstract judgment or sacrific sentiment that may undermine a person’s social assessment without indicating any fact.
Therefore, if a certain expression is not likely to undermine the social evaluation of the other party’s personal value, it cannot be deemed as constituting the element of the crime of insult even if the expression was expressed in a somewhat unusual manner (see Supreme Court Decision 2015Do229, Sept. 10, 2015). According to the record, the fact that the Defendant posted the same article as that of the facts charged is recognized.
However, “H” is the name of the product manufactured in Busan area, and this article is only based on the similarity between “E” and “H”, the name of the victim.
Therefore, the expression of the same degree as the above notice alone has deteriorated the social evaluation of the victim or has damaged the value of human being.
It is difficult to see it.
3. In conclusion, since the facts charged in this case constitute a case that does not constitute a crime, a judgment of innocence is rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and a summary of the judgment is publicly announced pursuant to Article 58(2) of the Criminal Act.