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(영문) 수원지방법원 2014.03.27 2013노5638
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is true that the defendant expressed the victim's desire, but the defendant merely expressed the victim's desire when the defendant speaks to the chief of Pyeongtaek-si office, which does not constitute a crime.

2. The offense of insult as referred to in the crime of insult is not a statement of facts, but an abstract judgment or a sacrific sentiment that may undermine the social evaluation of people. According to the evidence duly admitted by the court below, the defendant used the disturbance in the crime of this case to return the victim to the defendant in Pyeongtaek-si Office C, who is the victim of Pyeongtaek-si Office C at the time of the crime of this case, and it is recognized that the defendant told the victim that "packs down, kacks down, kack kack kack kack kack kick kacks, and died by affixing the price for the death." The above words of the defendant are determined to be likely to undermine the social evaluation of the victim. Thus, the defendant's act constitutes a crime of insult.

As such, the defendant's act is not considered as a justifiable act (as the court held properly in the original instance, it is difficult to see that the defendant's act constitutes a justifiable act).

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

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