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(영문) 부산지방법원 2017.06.14 2016고정2651
모욕
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On February 5, 2016, on the ground that the Defendant 00:40 on February 5, 2016, at the entrance of the Busan East-gu Office Office Officetel, sent out after receiving a report of 112 on the ground that the victim E, a police officer belonging to the Busan Police Station D District Police Station, recommended the victim E to return home, and thereby, sexually insulting the victim at a place where he/she had a woman living together, a flue, a flue, and a F, f, etc., of which he/she goes through, “I am flue, a flue flue fri, this flue flue far f

2. Determination

A. The offense of insult of a victim is established when a person openly insults a person (Article 311 of the Criminal Act). It is a crime that is established to protect the external reputation, namely, a social evaluation of a person’s value. Here, insult refers to the expression of an abstract judgment or sacrific sentiment, which is likely to undermine a person’s social evaluation without mentioning a fact.

In addition, the crime of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim, so the external reputation of the victim is not practically infringed or the risk of actual infringement is not generated (see Supreme Court Decision 2016Do9674, Oct. 13, 2016). The defendant at the time of the instant case, stating, “Ie, Chewing xom xom xom xom xom xom xom xom xom xom xom xom xom bom xom xom xom bom xom xom xom xom xom xom xom bom xom, not toward the victim, but against the police officer’s improper attitude dispatched at the time of call, it is not appropriate for the defendant to receive the report from the police officer on the ground that he was duly adopted and investigated as follows.

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