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(영문) 서울남부지방법원 2018.08.10 2018고단1032
모욕
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is a party member B, who was a member of the Internet homepage of the Party B, and was admitted to the said membership with the clinic called “C”.

On March 10, 2017, around 23:17, the Defendant connected to the Internet homepage of a political party in Yeongdeungpo-gu Seoul Metropolitan Government D Building E, and then publicly insultd the victim by posting a statement of “F”, written by the victim G, a party member who is the same party member that uses the “F” on the bulletin board that anyone can see if the party member is a party member, as the title “H”, and “H” as to whether he would go to be a party member or not,” “party member who is less than the amount of “F”, “F,” and “F,” a short portion of the amount of “F”.

2. Determination

A. In the crime of insult as referred to in the crime of insult, even in a case where a statement of fact does not contain an abstract judgment or a sacrific sentiment that may undermine a person’s social evaluation, and even in a case where a statement contains especially insulting expressions, if such expression can be deemed an act that does not violate the social norms in light of the sound social norms in the era, it is exceptionally dismissed in accordance with Article 20 of the Criminal Act (see Supreme Court Decision 2008Do1433, Jul. 10, 2008, etc.). (b) Then, the part in which the Defendant posted “F” as referred to in the notice of this case can be deemed as a “refibiated statement or sacriftiesd statement that may cause damage to the victim’s personal value,” or the part in which the Defendant expressed “non-party members” as referred to in the “F” can be deemed as a legitimate motive for the victim’s opinion or exchange with the bulletin board of this case, and the circumstances acknowledged by the court as follows are examined.

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