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(영문) 서울중앙지방법원 2017.02.03 2016고정2820
모욕
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

1. The summary of the facts charged by the Defendant at around 21:45 on May 30, 2016, referred to the victim in the victim C, the employees D, and the group Kakao Stockholm Section where E participated as the victim and referred to the victim in the victim’s Kakao Stockholm Section, “A must open to the public, for whom whom he or she would use the width,” and the decision on insult of the test is made

Does there be a person who can do so in a friend of a horse.

“Along with the time indicated in the list of crimes in the attached Form, the victim was openly insultingd on three occasions, such as preparing the text of “.”

2. Determination

A. Public performance in the crime of defamation or insult means a state in which many, unspecified or unspecified persons can be recognized. Even if one person spreads facts individually, if there is a possibility of spreading them to an unspecified or unspecified person, the requirement of performance should be satisfied. However, if there is no possibility of spreading any other fact, the spread of facts against a specific person shall be deemed to have no public performance (see Supreme Court Decisions 83Do891, Feb. 28, 1984; 99Do4579, Feb. 11, 200; 2010Do7497, Sept. 8, 201). Meanwhile, in a case where public performance is acknowledged for the likelihood of dissemination as above, the Defendant should be deemed to have no awareness of the possibility of dissemination as a subjective element of the constituent elements of the crime, and it should be deemed that there is no possibility of spreading the risk to the general public as well as 200Da47497, Apr. 20, 2012.

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