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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2017.11.02 2016노2050
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, such as dementia, brus, and false horses, etc., used by the Defendant are merely a symbol that is frequently used by the deaf-mutes in the course of a flat dialogue. In addition, the victim is the representative of a multi-stage sales company against the deaf-mutes, and the defendant is an employee of the pertinent company, and the victim did not recognize his/her mistake at all even though there was a dispute with the consumers due to his/her mistake, and continuously insulting and stimulates the Defendant before other deaf-mutes, and thus, the Defendant posted the above notice in order to raise a complaint against the victim and to make an objection against the victim.

Ultimately, since the defendant's act does not fall under the element of the offense of insult or the illegality is removed as a justifiable act, the judgment of the court below which convicted the defendant is erroneous as a misunderstanding of facts or misunderstanding of legal principles.

B. In light of the fact that the economic situation of the criminal defendant is extremely difficult, the punishment sentenced by the court below (400,000 won) is too unreasonable.

2. Determination

A. (1) Determination as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine (1) refers to the expression of an abstract judgment or sacrific sentiment that could undermine people’s social assessment without mentioning facts (see, e.g., Supreme Court Decision 2008Do8917, Dec. 11, 2008). The context of the entire conversation content divided by 17 members, including the Defendant and the injured party, from the Kakao Kao Stockholm conference room in which the Defendant and the injured party participated, and each notice posted by the Defendant four times in the above group hosting room (hereinafter “each notice of this case”), and the degree of the insulting appraisal that the Defendant could feel the victim due to each notice of this case.

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