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(영문) 수원지방법원 2020.02.06 2018노7081
명예훼손등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is true and the defendant's statement as stated in Paragraph (1) of the facts constituting the crime of the lower judgment is true, and although the defendant made the statement as stated in Paragraph (2) of the above facts constituting the crime, it does not insult the other party, and it does not constitute an injury to the victim as

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant testified to the effect that the victim, as stated in the facts constituting a crime of the court below, forged the above registry on the ground that the victim's name remains in the register No. 1 (hereinafter "the real estate of this case")'s company house Crhy (hereinafter "Cry's association") registry and the register No. 1 (hereinafter "the real estate of this case"), but the victim newly constructed the real estate of this case on July 13, 2007 and registered the preservation of ownership under his own name while selling the above real estate to Crys Association on August 7, 2007, and there was no other fact that the victim damaged the victim's reputation by pointing out false facts as stated in the facts constituting a crime of the court below.

Therefore, this part of the defendant's argument is without merit.

B. The offense of insult is established when a person is openly insulting (Article 311 of the Criminal Act). The legal interest protected by the law is the external reputation, referring to a social evaluation of a person’s value, and “defluence” refers to the expression of an abstract judgment or disfinite sentiment, which is likely to undermine a person’s social evaluation without a statement of fact.

In addition, the offense of insult is established by openly expressing an abstract judgment or sacrific sentiment that may undermine the external reputation of the victim. Therefore, it is also necessary to infringe the external reputation of the victim or to create a risk of infringing the victim's external reputation in reality.

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