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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.01.15 2014노3970
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) of the Defendant’s expression used in the notice of this case is merely a mere political debate or a reasonable criticism and does not constitute a crime of insult, and there was no intention to insult the Defendant.

2. The term “influence” as referred to in the crime of insult or insult of the grounds for appeal means the expression of an abstract judgment or satisfic appraisal that may undermine the people’s social evaluation without mentioning the fact;

(See Supreme Court Decision 2008Do1433 Decided July 10, 2008). According to the evidence duly examined and adopted by the lower court, the Defendant is recognized as having used the expressions, such as “the victim E” by accessing 10 persons to the “Kakao Stockholm” page where at the time 10 persons were involved, and using the expressions, such as “the victim E”, “the victim’s feasium,” “the feasium,” “the feasium,” and “the North North Korean west”.

Such expressions, even if they appear from the motive or purpose of the Defendant’s assertion, shall be deemed to fall under the expression of abstract judgment or sacrific sentiment that may undermine the victim’s social assessment beyond a simple debate or criticism. As such, the Defendant’s above act constitutes a crime of insult, and the intent of insult is also recognized.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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