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(영문) 대구지방법원 2017.06.09 2016노4118
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles 1) The Defendant’s posting of the same article as the list of crimes attached to the lower judgment against the victim is a public official’s expression of intent in terms of the victim’s unfair performance of duties. This cannot be deemed to have expressed an abstract judgment or a sacrific sentiment that may undermine the people’s social evaluation, and thus, it does not constitute “competing desire” in the crime of insult.

2) Even if the Defendant’s above notice constitutes insult, it is an act that does not contravene social rules and thus constitutes a justifiable act under Article 20 of the Criminal Act, and thus, the illegality is excluded.

3) Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. 1) According to the evidence duly adopted and examined by the lower court, the Defendant refers to the victim in the investigation column on the satisfaction level of civil petitions on the website of the Daegu North Korean Office, and may recognize the fact that the Defendant posted a letter containing the expressions, such as “a dog,” “bris,” “abrupt,” “abrut human body,” etc. as shown in the list of crimes attached to the lower judgment.

Since such expressions used by the Defendant constitute an expression of abstract judgment or sacrific sentiment that may undermine the social assessment of the victim beyond mere criticism, claim, or point of view, the above act by the Defendant is deemed to constitute “bruting” in the crime of insult.

2) Meanwhile, even in a case where a notice contains a judgment or an expression of opinion containing an insulting expression, if such expression can be deemed an act that does not contravene social norms in light of the sound social norms in that era, illegality may be denied exceptionally by Article 20 of the Criminal Act.

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