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(영문) 부산지방법원 2017.12.01 2017노2041
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant merely talked with the victim to the effect that the victim’s debate was defective, and there was no intention to insult the victim. Therefore, the crime of insult is not established.

B. At the time of the instant case, the victim was in the conference room.

E did not feel a threat to the defendant's conduct;

In light of the statement, the injured party was threatened by the defendant.

shall not be deemed to exist.

2. Determination

A. The offense of insult related to insult is established when a person is openly insulting (Article 311 of the Criminal Act). It is a crime that is established when the victim’s external reputation is protected (Article 311 of the Criminal Act). Here, the offense of insult refers to the expression of an abstract judgment or sacrific sentiment that may undermine the people’s social reputation without statement of facts (see, e.g., Supreme Court Decisions 87Do739, May 12, 1987; 2003Do3972, Nov. 28, 2003). In addition, the offense 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 has a risk of infringement upon the victim’s specific real reputation. In short, the Defendant’s act of insulting the victim’s personal reputation at the time of his/her adoption and examination of the facts charged by the court below was lawful.

It is difficult to see it.

Therefore, this part of the defendant's argument is without merit.

(b).

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