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The judgment of the court below is reversed, and the case is remanded to the Seoul Western District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. As to the insult
A. The offense of insult is established by expressing a warning that may undermine the social evaluation of a particular person or an organization possessing character, so the victim must be specified.
In addition, the so-called collective indication makes it difficult to interpret that the content of insult is for a specific person belonging to the group, and in the event that the degree of criticism by a collective indication is dilution and the degree of criticism does not reach the degree of impact on the social evaluation of each member, the insult of each member is not established. In the event that the degree of such criticism is not dilution and it is deemed that the degree of criticism is likely to undermine the social evaluation of each member, the insult of each member can be established exceptionally.
On the other hand, when the number of members is less than that of each individual member or when it can be regarded as referring to an individual member within the group in light of the surrounding circumstances at the time, the individual member within the group shall be deemed to be specified as the victim. The specific criteria may include the size of the group, the nature of the group, and the status of the victim within the group.
(See Supreme Court Decision 2002Da63558 Decided September 2, 2003, and Supreme Court Decision 2012Do13189 Decided January 10, 2013, etc.) B.
The lower court: (a) at the place of a debate that the Defendant, a member of the National Assembly, had participated in the G Assembly; and (b) at the same time, said female students (to maintain or promote his or her position) who wished to do so would have to think about; and (c) would have been able to do so thereafter; (d) by openly speaking, such as “Irre,” the term “Irre,” a member of the National Assembly; and (d) Irre, a member of the National Assembly, a member of the National Assembly, could do so.”