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(영문) 부산지방법원 2013.04.11 2012고정5603
모욕
Text

The Defendants are not guilty.

Reasons

Defendant A is the president of the Seo-gu branch of the D organization, and Defendant B is the director of the Seo-gu branch office.

On March 14, 2012, around 11:30 on the 5th platform of the F Elderly Welfare Center in Seo-gu, Busan around 11:30, the Defendants sexually insultd the victims by referring to the large voice that “The victims G (77 years of age) were not qualified to participate in this job, so the Defendants were able to participate in this job, so they would soon be called “I am, I am, I am, I am, I am, and I am,” and Defendant B am together with this, “I am unable to meet all human beings and qualification, if I am fright to the meeting place.”

Judgment

In the crime of insult as referred to in Article 20 of the Criminal Act, the expression of an abstract judgment or sacrific sentiment that may undermine a person’s social evaluation without a statement of fact is an expression of an abstract judgment or sacrific sentiment. Even in a case where any article contains especially insulting expressions, if such expression can be deemed an act that does not violate the social norms in light of the sound social norms of the time, illegality is exceptionally dismissed pursuant to Article 20 of the Criminal Act (Supreme Court Decision 2008Do1433 Decided July 10, 2008). According to the evidence adopted and examined by the court, the evidence adopted by the court, “Defendant A”, “Defendant A: “I”, “I are deemed to have a somewhat insulting expression between the victims at the time and place indicated in the facts charged,” “I are deemed to have a representative without a qualification as a representative; and “I are able to continue to talk.”

However, according to the above evidence, the above expressions of the Defendants are allowed by the victim who does not have the right to attend and speak at the above general meeting while the Seo-gu general meeting of the D Organizations was held.

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