2015No1175 Defamation

A

Prosecutor

Kim Hong-chul (prosecution) and ordinary people's seat;

Law Firm (LLC) B

Attorney C

Seoul Southern District Court Decision 2015Ra1007 Decided July 17, 2015

January 28, 2016

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

The direct use of the word "Mana" and "Mana" against the Korean Federation of Victims (hereinafter referred to as "victims") who are senior citizens by most members is in violation of the social rules as an insulting speecher beyond the freedom of expression of opinion. Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby acquitted the Defendant.

2. Determination

A. Summary of the facts charged in this case

On September 9, 2014, the defendant called ‘D' E. E. 'E', which was the title of ‘F' and ‘F' in the free-to-free student alliance', and criticizes the victim association, a non-legal entity, which is a non-legal entity, by openly allowing many and unspecified readers to peruse the above knife by openly knifeing the knife.

B. The judgment of the court below

The court below held that the expression of the part in the facts charged in the indictment of this case can be seen as an insulting speech that could damage the social evaluation of the group of victims, but it cannot be said that the expression of the part in the indictment of this case in the knife, which was posted by the defendant, is merely a part of the knife consisting of 14 shorts, and it can not be said that the expression of the part in the indictment of this case is a large portion of the whole part of the knife consisting of the knife that is composed of the 14 shorts, and that the words of the knife's words of the knife's words refer to a very rough person who has caused the death and the pain and the pain of the knife's hife's hife's hife's hife's hife's hife's hife's hife's hiff.

C. Judgment of the court below

In comparison with the evidence duly adopted and examined by the court below with the contents of the judgment of the court below, the above judgment of the court below on the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the legal principles as argued by the prosecutor. [This case's prosecution was instituted ex officio as to the defense counsel's assertion that the victim union is dismissed or acquitted because no complaint is filed against the facts charged of this case or the expression of the part stated in the facts charged does not constitute an element of insult. The court below was duly adopted and examined. According to the evidence duly adopted and examined by the court below, the victim union has an organization, such as establishing its articles of association for its own purpose with its own purpose and establishing its articles of association, and its resolution is made by the organization, and the organization's method of representative, its general meeting, its operation, etc. has become final and conclusive, so long as the victim union cannot form a unified will with social function, it shall be deemed that the victim union becomes the subject of "protection of the legal interest of the offense of insult" as the victim's in this case.

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge and the deputy judge

Judges Kim Gin-young

Judges Yang Chang-soo