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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.08.16 2019노3211
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Defendant’s statement of the gist of the grounds for appeal in the facts charged is an insulting expression of abstract judgment or sacrific sentiment that could undermine the victim’s social evaluation.

2. The lower court, in light of the background leading up to the Defendant’s statement as indicated in the facts charged, the overall context and meaning of the statement, the place where the statement was made, the relationship between the Defendant and the victim, and the circumstances at the time, etc., cannot be deemed that the evidence submitted by the Prosecutor alone proves that the statement in the facts charged constitutes insult to the extent that it is beyond a reasonable doubt that the statement in the facts charged constitutes an expression of abstract judgment or safic sentiment that may undermine the victim’

Even if it does not violate the social rules, it is judged that illegality is excluded as a justifiable act that does not violate the social rules, and the defendant was acquitted.

According to the records, the judgment of the court below is justified, and the prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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