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(영문) 광주지방법원 2018.05.17 2017노3549
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with the fact that the defendant committed an act of questioning the victim's fingers among the victims as stated in the facts constituting the crime of insult, but such an act does not constitute an insulting act that may undermine the social evaluation of the victim's personal values. Therefore, the crime of insult is not established.

Therefore, the lower court, which found the Defendant guilty, erred by misapprehending the legal doctrine as to the offense of insult, thereby adversely affecting the conclusion of the judgment.

2. The offense of insult is established when a person is openly insulting (Article 311 of the Criminal Act). It is the legal interest of protecting an external reputation, which means a social evaluation of the value of a person. Here, the term “comprehion” refers to the expression of an abstract judgment or sacrific sentiment, which would compromise a person’s social assessment without revealing facts.

In addition, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim, and the external reputation of the victim is not likely to be practically infringed or specificly infringed (Supreme Court Decision 2016Do9674 Decided October 13, 2016). According to the evidence duly adopted and examined by the court below, the fact that the victim, as recorded in the facts constituting the crime in the judgment of the court below, stated in the judgment of the court below, stated that the victim, on the ground that the victim, who had two persons, such as F,, said, “I frightly,” was the victim’s behavior that the victim would appear in mind (at the time, the victim, in the process of resisting the victim, appeared in the shape that the victim was drinking and sacrifine as stated in the above behavior, and the victim’s body, and that the victim was the victim’s body, and the victim’s behavior was 40 minutes, following the Defendant’s behavior.

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