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(영문) 서울중앙지방법원 2018.01.11 2017노3258
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not openly insult the victim, and the Defendant’s act is a justifiable act that does not contravene social norms.

2. According to the evidence duly admitted and examined by the court below, the defendant's patent insultd the victim as stated in the judgment below is recognized.

The defendant's assertion of mistake is without merit.

In addition, it should be determined on an individual basis by examining the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected interests and the infringed interests, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2005Do8074, Apr. 27, 2006). The defendant's act did not meet the requirements such as the reasonableness of the means or method, urgency, and supplementary nature that the act should meet.

The defendant's assertion of misapprehension of the legal principles is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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