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(영문) 대구지방법원 2018.01.12 2017노4306
모욕
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal - misunderstanding of facts or misapprehension of the legal principles are merely speaking in an apartment complex, and the victim was not identified because the victim was not mentioned, and the contents of the statement do not considerably deviate from the expression ordinarily used, and thus, it is difficult to view that the crime of insult was not established to the extent that the social evaluation of the victim’s personal value was damaged objectively, and thus, the lower court convicted the victim of the crime of insult. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. According to the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court, namely, ① the reproduction of recorded CDs and the recording of the recording, the Defendants’ act on September 4, 2016 and the same month.

7. The Defendants’ remarks are as follows. ② The above bath theory was made in front of the apartment building (615 building) where the victim lives, ③ The residents on the record of recording reported the contents that “it is impossible to sleep by getting out,” and the above bath appears to have been made in a very large voice. ④ The contents of the Defendants’ remarks are as follows: (4) the Defendants’ remarks indicate that “the residents have her blood, so far as they want to pay the management expenses; (30,000 won; and (50,000 won; (4) the Defendant’s remarks that the Defendant had her blood; and (3) the Defendant’s remarks that the Defendant participated in the process of election, such as the Defendant’s unlawful act; and (4) the Defendant’s speech that the Defendant’s election was removed from 25 years to 30,000 won.”

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