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(영문) 서울중앙지방법원 2017.04.14 2016고정4480
모욕
Text

The defendant is innocent.

Reasons

1. Around August 19, 2016, the Defendant, at the Jongno-gu Seoul Metropolitan Government University D around 09:15, published the statement that “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. The “public performance” in the crime of false judgment or insult refers to the state in which many, unspecified or unspecified persons can be recognized. Thus, if there is a possibility that a certain fact about a certain person might be disseminated to an unspecified or unspecified person, it shall be deemed a lack of performance (see Supreme Court Decision 83Do49, Apr. 10, 1984). The existence of performance shall be determined by examining whether a specific person is likely to spread the contents of the conversation from the Defendant or to many, unspecified persons (see Supreme Court Decision 2007Do8155, Feb. 14, 2008). In full view of the aforementioned legal principles, even if the prosecutor submitted evidence and evidence in this case, there is no possibility that the public prosecutor may recognize the public performance differently from the evidence submitted by the prosecutor as evidence.

① On July 8, 2016, the victim was provided medical treatment in Seoul National University Hospital D.

The scheduled time of treatment for the victim was around 11:15 on the day, but the victim reaches the scheduled time.

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