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(영문) 대법원 2016.06.23 2015도17261
모욕
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. On November 18, 2013 and November 25, 2013, the lower court recognized the facts charged that the Defendant publicly insultingd the victim by posting a letter “F” and “K” on one’s own Facebook on and after November 25, 2013. In full view of the circumstances in its reasoning, the lower court determined that the Defendant’s expression of an abstract judgment or anti-scopic sentiment that may undermine the victim’s social evaluation in each of the above posts cannot be deemed as a justifiable act under Article 20 of the Criminal Act, as it does not violate the social norms.

2. In the crime of insult as referred to in the crime of insult, the expression of an abstract judgment or sacrific sentiment that could undermine people’s social evaluation without mentioning facts (see, e.g., Supreme Court Decision 2008Do2025, Aug. 21, 2008). Even in a case where the expression contains insulting expressions, it is merely the use of partially insulting expressions in the process of emphasizing that the determination and opinion are reasonable by considering the fact-finding or issues surrounding the facts objectively reasonable, and the attitude the victim took place, etc. based on the premise that such expression is difficult to view that it is difficult to view the other party’s light or appraisal in light of the overall content and relationship with the victim, the following acts are deemed to be unlawful:

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