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(영문) 서울중앙지방법원 2016.04.28 2016노76
모욕
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The expression “Radar” and “Radar” written by the Defendant by misunderstanding the legal doctrine is not likely to undermine the other party’s social evaluation of the other party’s personal value, and it does not constitute a crime of insult.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 700,000) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The summary of the facts charged of the instant case (1) on December 2014, the Defendant posted a statement on “D” as the title after accessing the Internet Facebook to North Korea in Jongno-gu Seoul, Jongno-gu, with a view to the victim E, and publicly insulting the victim by putting a statement on “D” in relation to the victim E., she met with a man by dar who is a friendship (at all times, referring to the word used when leaving the people).” The Defendant posted a statement on “any movement that appears to have been dispatched for the division of waves,” and “any movement that appears to have been dispatched for the division of waves.”

(2) In addition, on December 2014, the Defendant visited the Internet Ponna (C) North Korea in Jongno-gu Seoul, Jongno-gu, Seoul, and made a statement that “The Defendant’s age is clearly revealed as to the victim, who is a woman, and whose husband is her husband, and why he/she is her husband and her husband.” As to the victim, the Defendant made the statement that “The Defendant’s age is her father and her husband is her husband, and the Defendant could not go to the airport.”

(3) 피고인은 다시 2014. 12. 중순경 서울 종로구 일대에서 인터넷 페이스 북에 닉네임 ‘C ’으로 접속한 후, 피해자와 관련하여 ‘ 사라다( 피해자의 영어 이름인 G를 빗 대어 지칭) 가 남편 있다는 그 여자의 애칭 사라다 ㅋ’ 라는 글을 작성하여 공연히 피해자를 모욕하였다.

B. The lower court found the Defendant guilty of all the charges by comprehensively taking account of the evidence presented in the judgment of the lower court.

(c)

The offense of insult under Article 311 of the Criminal Act is an offense of protecting external reputation, which means a social evaluation of the value of a person, and the insult referred to in the offense of insult is not indicated.

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