(영문) 서울동부지방법원 2018.05.17 2017노1923

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(영문) 서울동부지방법원 2018.05.17 2017노1923

모욕

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal

A. The expressions in each of the instant facts charged by misunderstanding of facts and misapprehension of legal principles do not constitute insult, and the Defendant did not have the intent to insult, and even if so, contain the judgment or opinion that contains insulting expressions.

Even if it does not violate social norms in light of social norms, illegality is excluded.

B. The sentence of the lower court (an amount of KRW 1,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. The offense of insult is an offense that does not constitute the elements of the offense of insult and does not constitute the offense of insult, and the offense of insult with respect to the assertion that there was no intention of insult is an offense that legally protects an external reputation, meaning a social evaluation of the person’s value, and the offense of insult as referred to in the offense of insult refers to the expression of an abstract judgment or sacrific sentiment that does not indicate

In addition, the crime of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the victim's external reputation, and thus, the victim's external reputation is not practically infringed or the victim's external reputation is not likely to be infringed specifically and practically (see, e.g., Supreme Court Decision 2016Do9674, Oct. 13, 2016). Based on the aforementioned legal doctrine, the following circumstances acknowledged by the evidence duly adopted and duly examined by the court below, namely, the Defendant posted a notice of "D" on the Internet site "," and the Defendant’s posting of a notice of "D" on the Internet site "I" as "K with respect to H, who is the child of I who died in 2016 on the website," but spating is not easy.

The victim H posted the Internet site "B" with the content of 'Bid, the person who does not waive his way,' and the victim H posted it on the Internet site.

This article is written and posted along with the closure, and the defendant's specific expressions and posts used in the above article.

참조판례

-대법원 2016. 10. 13. 선고 2016도9674 판결

유사 판례

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