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(영문) 대전지방법원 천안지원 2017.05.26 2017고단340
모욕
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On September 6, 2016, the summary of the facts charged lies in “D” and “E”-based “G”-based “G”-based repair business entity that has no conscience,” and “after trading with G and musical business entity that has no conscience: G and the end to attract the business entity of the malicious business as prescribed by the law.

The phrase " was written and posted so that many and unspecified people can view it, thereby openly insulting the victim.

2. According to each evidence submitted by the Prosecutor, the fact that the Defendant posted an insulting article to the victim, such as the written facts charged, is recognized.

Meanwhile, the offense of insult referred to in the crime of insult does not state a fact, but expresses an abstract judgment or a sacrific sentiment that may undermine the people’s social evaluation. Even in cases where a certain article contains such insulting expressions, the motive, circumstance, and background behind posting the article, the overall purport of the article, specific method of expression, the logical and objective validity of the premised fact, the proportion of such insulting expressions to the entire part of the article as well as the overall contents thereof, etc. In light of the aforementioned legal principles, the following facts should be duly examined: (a) on the premise that the article is objectively reasonable; (b) on the premise that it is objectively reasonable, his opinion about the facts or surrounding issues; and (c) on the premise that his opinion and opinions are used in part during the process of emphasizing that one’s judgment and opinions are reasonable, it shall be deemed that the act does not contravene social rules, and thus, illegality is excluded by Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2016Do5326, Jun. 23, 2016).

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