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(영문) 제주지방법원 2016.04.27 2015고정1085
모욕
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

The summary of the facts charged is a person who serves as C High School life and school physician.

On September 25, 2015, the Defendant: (a) received an application for college admission from C High School C, C, C, C, C, C, and C, C, C, C, C, and C, C, C, C, and C, C, and C, C, C, and C, C, and C, and C, C, C, and C, C, and C, C, and C, C, and F, one of the students during the class, was in charge of the application. The Defendant did not receive the application

The victim openly insultingd the victim by referring to the 37 students, including the victim, “low complete bean house” before 37 students such as the victim.

The offense of insult under Article 311 of the former Criminal Code is an offense of legally protecting an external reputation, which means a social evaluation of a person’s value, and the offense of insult referred to in the offense of insult refers to the expression of an abstract judgment or sacrific sentiment which is likely to undermine a person’s social evaluation without revealing facts.

Therefore, if a certain expression is not likely to undermine the social evaluation of the other party’s personal value, even if it was expressed in a somewhat unusual manner, it cannot be deemed as constituting the element of the offense of insult (see, e.g., Supreme Court Decisions 2008Do8917, Dec. 11, 2008; 2015Do2229, Sept. 10, 2015). Even in a case where the expression contains judgment or opinion that includes an insulting expression, if such expression can be deemed as an act that does not contravene the social norms in light of the sound social norms of the age, the illegality is exceptionally dismissed pursuant to Article 20 of the Criminal Act (see, e.g., Supreme Court Decisions 203Do3972, Nov. 28, 2003; 2008Do143, Jul. 10, 2008).

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