logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.09.30 2016노1359
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not object the victim D, the representative of the company, but did not insult the victim as the former chairperson of the trade union to which the Defendant belongs. However, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine.

B. The punishment of the lower judgment that was unfair in sentencing (one million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant can recognize the fact of insulting the victim D.

Therefore, the defendant's assertion of facts is without merit.

① The Defendant not only indicated the other party as “representative,” but also indicated the content of this article as “written complaint related to overdue ordinary wages,” which the Defendant posted on a group hosting room, the Defendant’s photograph and writing indicates that the other party is the victim (the Defendant, on February 13, 2015, the day before the day of this case, received a wage complaint against F Hotel Busan, a representative director, and issued a written complaint for the case of overdue ordinary wages payment as a gift to D representative director.

2) The Defendant’s motion picture is an insulting speech that is an expression of an abstract judgment or sacrific sentiment that may undermine the other party’s social assessment by photographing the other party’s finger.

B. The Defendant merely asserts that the victim was not the victim of the insult even though he/she insultingd the victim.

arrow