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(영문) 부산지방법원 2015.05.14 2015노526
모욕
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the grounds for appeal is that the Defendant posted comments on the comments stated in the facts charged of the instant case does not necessarily mean that the identity of the complainant was specified, and even if so, it is not so.

Even if the contents of the comments posted by the Defendant cannot be deemed to have reached the degree of undermining the social evaluation of the complainant, and thus, the offense of insult is not established, but the court below which found the Defendant guilty of the facts charged in this case erred by misapprehending the legal principles as to the offense of insult

2. Determination

A. The summary of the facts charged in the instant case is as follows.

The defendant is a person who uses the "C" on the Internet website B.

On March 22, 2014, at least 23:40 on March 22, 2014, at a place where the location is unknown, the Defendant publicly insultingd the victim by accessing the notice of “E” written by the victim D around 13:01 on December 8, 2013 and inserting comments to “F”.

B. On March 22, 2014, at around 23:39, the Defendant openly insulting the victim by accessing the notice of “G” prepared by the victim on December 10, 2013 and inserting comments on “F” in the bulletin board referred to in the preceding paragraph.

C. The Defendant around March 22, 2014:39 A.

On January 1, 2014, the victim had access to the bulletin of the H “H” written on January 1, 2014 and published comments on “F” with the content of “F”, thereby openly insulting the victim.

On March 22, 2014, the Defendant around 23:38.

On January 17, 2014, the victim made a public insultd the victim by openly referring to the comments of the "I" prepared on January 17, 2014, and inserting comments on the contents of "F".

E. On March 22, 2014, the Defendant around 23:38

On February 12, 2014, the victim openly insultingd the victim by accessing the bulletin of the "J" prepared by the victim on February 12, 2014 and inserting comments to the content of "F".

B. The lower court’s determination shall be based on the evidence as indicated in its holding.

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