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(영문) 울산지방법원 2019.01.11 2018노573

모욕

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of posting the comments on the instant case constitutes a justifiable act that does not violate the social rules, because it is merely a use of insulting expressions in part in the process of expressing the Defendant’s opinion for the purpose of normalization of apartment management affairs.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. On October 24, 2016, at around 20:15, the Defendant sent a notice of the charge that “FC No. Haxi Ip Ip Ip Ip Ip Ip Ip Is Is Is Is Is Is Is Is yous Is yous Is yous Is yous Is yous Is yous yous yous yous yous yous yous yous yous yous and swes yous yous Is yous yous yous yous yous yous yous yous Is yous yous yous yous yous yous yous yous yous Is yous yous yous yous Is yous yous yous yous Is yous yous yous yous Is yous yous Is yous yous Is yous you

B. The lower court found the Defendant guilty on the grounds of the victim’s legal statement, etc.

C. In the crime of insult of the 1st judgment of the political party, the insult referred to in the crime of insult of the 1st judgment does not state a fact, and expresses an abstract judgment or a sacrific sentiment that could undermine the people’s social evaluation. Even in the case where a certain insult contains such insulting expressions, considering the motive, circumstance, and background behind posting the article, the overall purport of the article, specific method of expression, the logical and objective objective of the premise that the expressions are premised on the facts objectively reasonable, and the overall content of the article, it is reasonable to express one’s own opinion on the relevant facts or related issues, and to stress his opinion and opinions.