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(영문) 대전지방법원 2017.05.18 2016노3317
모욕
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the defendant's motive to write comments on comments like the facts charged in this case will point out social problems such as expansion of literacy business and violation of the business district of alley, etc. using the E's broadcasting, the contents of the comments on the comments are the objective facts reported by the media and broadcasting, and E and D are a kind of official approval for broadcasting activities, so a certain degree of criticism should be reduced.

Therefore, the Defendant’s expression does not fall under the scope of undermining the social evaluation of the other party’s personal value even if some of them are somewhat rare and indecent, and the Defendant’s act should be dismissed as a justifiable act that does not violate the social norms.

In contrast, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of the facts charged, thereby adversely affecting the conclusion of the judgment.

The punishment sentenced by the court below (700,000 won) which is unfair in sentencing is too unreasonable.

Judgment

As to the assertion of misunderstanding legal principles, insult as referred to in the crime of insult is not a statement of fact, and an abstract judgment or a sacrific sentiment that may undermine people's social evaluation (see Supreme Court Decision 2008Do2025, Aug. 21, 2008) is expressed (see Supreme Court Decision 2008Do2025, Aug. 21, 2008). Even in the case where a statement contains such insulting expressions, considering the motive, circumstance, and background behind posting the article, overall purport of the article, specific method of expression, logical and objective objective objective of the premise, the degree of the alleged fact, and the relation with the overall contents of the article, it is reasonable to express its opinion on the facts or surrounding issues on the premise that the article is objectively reasonable, and the expression partially insulting is used in the process of emphasizing that one's own judgment and opinion are reasonable.

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