2016Do15261 Defluence

A

Prosecutor

Chuncheon District Court Decision 2015No551 Decided September 8, 2016

January 25, 2017

The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court.

The grounds of appeal are examined.

1. The summary of the facts charged in this case is as follows.

around December 17, 2014, the Defendant, using a computer, NAV B, operated by himself/herself (total).

71 adjoining person) After having access to the "E", the victim's blopped person on the bulletin board of the "E".

The Internet immediately address of this article, 'G-friendly days', 'Embrymbly anti-feas,' which was posted, and in this article.

the victim’s face pictures, real names, and NAERs of the victim, the comments written by the Defendant and the victim

It is possible to post a protruding screen on which the NAN and Aodi are written, and then put the victim under the victim’s name.

분 H 친일을 부정하는 수꼴도 종북행위의 증거 앞에서는 꼼짝 못합니다. 이것이 바로

It is true that it has been absent from the Healthy to the Healthy, and the Healthy distance is a hole and no answer.

The defendant's name, French characters, and the above defendant who visited the defendant's Blost, stated "Irre," and

Patent damage by allowing several people to view such as NAVT in writing written comments on comments.

It is the insult of a person.

2. The court below held that the expression stated in the facts charged of this case in the process of political debate is one's assertion.

in excess of the means of inducing criticism of the other party's consent or the other party's assertion

It is insufficient to view that it has reached the degree of undermining the social evaluation of the personal value of the victim.

B. The facts charged in this case on the ground that it does not violate social rules and is not illegal

The judgment of the court of first instance which found the Defendant guilty was reversed and acquitted.

3. However, we cannot accept the judgment of the court below for the following reasons.

A. Contempt as referred to in the crime of insult means that a person’s social evaluation is adversely affected without a public allegation of fact;

Whether it constitutes an expression of an abstract judgment or an antiscopic appraisal or not, in society

The meaning and intent of the expression in accordance with the common sense and sound common sense, and the overall content and context of the writing;

In full view of the specific and individual circumstances, such as the relationship between a person and the other party, objective and rational sales

in subsection (1) of this section. In any case in which an article contains an insulting expression, such writing shall be published.

The motive or background, specific method of expression, the weight of insulting expressions in the entire text and the total volume of such expressions.

taking into account the relationship with the person’s content, its determination on the issue and the victim’s identity;

It emphasizes that his judgment and opinion are reasonable by disclosing his opinion on attitude, etc.

If only partially insulting expressions have been used, barring any other special circumstances.

The illegality can be excluded as acts that do not violate the social rules of Korea (Supreme Court, Nov. 28, 2003).

See Supreme Court Decision 2003Do3972 Decided January 1, 200

B. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following facts.

1) The injured party is G-friendly to 'Nero Blog' (hereinafter referred to as 'the injured party').

He/she publishes a letter (hereinafter referred to as "victim's letter") in the title of "Isthy anti-gambi" as a factoring.

In addition, the Defendant was sentenced to imprisonment for life as G political party members, and there was friendship.

An act is against the purport of asking about how to defend the activities of the Communist Party even after being given.

In this paper, the victim cites the contents of the relevant literature, but there is such fact G

Domination to the effect that it becomes a member of the KNE and is not an ideological publicist by traring human relations.

In the process, the defendant and the victim have discussed comments, such as writing comments.

First of all, comments on the purport that criticizes G and defends victims using his or her lineal ascendant and descendant;

B, the victim restricted the defendant's right to write his writing.

2) When the Defendant was no longer able to post comments comments on the Victim’s Blogs, the Defendant’s Nlogs.

However, the article "P" (hereinafter referred to as "the article in this case") was posted to Blob Blog'E.

In the instant text, 1) describe the victim’s immediate Internet address as a coordinate for privatization.

(2) The victim’s photograph, real name, clinic, ID, etc. contained in the victim’s tables.

Having the victim known who is the victim by inserting the image of the organized victim;

(3) It is clear that the authority of the defendant and the victim to write the whole comments prepared by the defendant and the victim is restricted.

I writing shall be reproduced and posted on the screen, and 4 followed by a series of 's H-day' in which many kinds of H days are denied.

행위의 증거 앞에서는 꼼짝 못합니다. 이것이 바로 수꼴의 실체입니다. 저들이야말로

He shall state that he has been absent from the Heung-gu, that he shall be free from a hole of up to a thousand and without a reply.” (hereinafter referred to as "the following information"):

‘the expression of this case’, ‘after H’, there is no need to make any other propaganda as soon as possible, and there is a strict degree of conduct in the act of North Korea.

The author stated that the author is "I will not reflect, but L.I.D.".

Then, the victim's right to write on the Internet of this case is restricted, and the victim's right to write on the Internet of this case

The image of the sending party to the effect that the address of the Defendant is known and that the Defendant’s assertion is accepted, shall be put in;

The conclusion was made by stating to the effect that the perpetrator only waits for sending the question.

C. We examine the above facts in light of the legal principles as seen earlier.

Comprehensively taking into account the composition and content of the instant text, ‘weals' and ‘Bals' in the instant expression;

The term "non-refluence" refers to the victim, which is the degree of the abusiveism when viewed as a common sense of society.

have an anti-defensive meaning that would decrease people's social evaluation even if such act does not

It is clear that the overall purport of this article is logical and objective grounds.

On the basis of the defendant's assertion and criticism of the victim's opinion, the defendant

It is close to criticism on the other victims.

Therefore, the expression of this case was derived from the political debate about the past behavior of G.

Considering the fact, the victim's insult is a victim, and a person's death is a victim.

Nor can it be deemed that it is merely an excessive or intangible expression that does not undermine the parliamentary evaluation.

(c)

In addition, the writing of the victim who denies G's pro-Japanese act from the tables of the victim

The issue of official activities of G, which is not directly related, may cause a dispute between the victim and the victim.

In the process, G was used first of all, to criticize the victim by using his/her lineal ascendant and descendant, and to criticize the victim.

As the defendant lost, this article was posted on the Defendant’s Blog, who is the victim.

The expression of this case also posted information that can be identified, and the expression of this case accounts for the entire text of this case

The portion cannot be deemed to be small, and the defendant's assertion in this case is proved in this case.

In order to criticize the victim's opinion, there was a need to use the expression of this case.

In full view of the fact that it is not visible, the defendant's decision and opinion are revealed by him.

In the process of emphasizing the validity of this case, it is deemed that part of the insulting expressions were used.

It is difficult to do so.

Therefore, the defendant's act cannot be viewed as not violating social norms.

D. Nevertheless, on the grounds indicated in its reasoning, the lower court rendered a not-guilty verdict on the instant facts charged.

Therefore, the court below erred by misapprehending the legal principles on the offense of insult, thereby affecting the conclusion of the judgment.

The ground of appeal pointing this out is with merit.

4. Therefore, the lower judgment is reversed and the case is remanded to the lower court for further proceedings consistent with this Opinion.

We conclude that it is so decided as per Disposition by the assent of all participating Justices.

The presiding judge shall keep the record of the Justice

Justices Park Jae-hee in charge

Justices Park Young-young

Justices Kim Jae-in