The defendant shall be innocent.

1. 공소사실의 요지 피고인은 2018. 10. 14. 19:00경 인터넷 B 사이트에 아이디 ‘C’로 접속하여 ‘B 뉴스‘에 게재되어 있던 [D]라는 제목의 E 기사 댓글란에 ‘븅웅시인 지이이랄을 떨고 있구나~~~쓰레기보다도 못한넘이~~~혼수상태느 벗어나거라 잉~~~그리고 정치를 떠나거라~~~~’라는 내용의 댓글을 게시하여 공연히 피해자 F를 모욕하였다.

2. The offense of insult as referred to in the offense of insult is not a statement of fact but an abstract judgment or a sacrific sentiment that could undermine the social assessment of a person. The expression of the comments posted by the defendant constitutes an insulting speech that could damage the social assessment of the victim even in its context.

As the defendant posted such comments on the Internet portal site openly, it is judged that there was a perception that he/she would openly insult a person, i.e., the intention of insult.

However, even in a case where a certain article contains a particular insulting expression, when such expression can be seen as an act that does not contravene the social norms in light of the sound social norms of the era, illegality is exceptionally dismissed under Article 20 of the Criminal Act (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003). The motive or circumstance behind the Defendant’s posting of the instant letter was to reveal negative opinions for the purpose of forming social public opinion regarding the article informing the broadcasting of the G account opened by the victim under title D, “D,” and the degree of insult of the said comments is relatively minor. In full view of the following, the Defendant’s act is not contrary to the social rules.