logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.19 2017노2155
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant’s statement expressed an abstract judgment or anti-defensive sentiment that may undermine the social assessment of the victim, and thus constitutes an element of the crime of insult. At the time of speaking, the Defendant intended to defame the victim with the intent of obstructing land transaction between the victim and the definite criminal.

Therefore, the defendant's speech cannot be viewed as an act that does not violate social norms.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misunderstanding of facts and legal principles.

2. In full view of the facts and circumstances as stated in its reasoning, the lower court found the Defendant not guilty of the facts charged in the instant case on the ground that the Defendant’s remarks did not constitute an anti-defensive expression that could undermine the social assessment of the victim, and even if the Defendant’s remarks constitute insult, it did not violate the social rules and thus constitute illegality.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow