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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal doctrine) ① The place where the Defendant sent the victim a statement as stated in the facts charged was an empty lecture room, and thus, the performance requirement of the offense of insult cannot be deemed to have been satisfied.
② The Defendant’s use of the expression “indecent juveniles” with her husband cannot be deemed as an expression that may undermine the social assessment of the victim, and thus does not constitute the elements for the crime of insult.
③ Furthermore, the illegality of the Defendant’s act is excluded as a justifiable act that does not contravene social norms.
2) The Defendant’s act of intrusion is merely an apartment corridor for the purpose of confirming whether the victimized party was a director, and thus, the Defendant’s act is dismissed as an act that does not contravene the social norms.
B. The sentence imposed by the lower court (2 million won) against the Defendant, which was unfair in sentencing, is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The summary of the facts charged in the instant case 1) On September 4, 2015, the Defendant, at around 10:15 on September 4, 2015, 201, expressed that the said victim was demoted to his name-free students in the vicinity of the first floor lecture room of the university located in 1007, Mancheon-si, Seocheon-si, Mancheon-si, 107, as a corridor, as a corridor, and then “the name name of the Dok-si, the Dok-gu, the Dok-gu, the Dok-gu, the Dok-gu, the Dok-gu, the Dok-gu, the Dok-gu, the Dok-gu, the Dok-gu, the Dok-gu, where
In a large voice, “the victim was openly insultingd.”
2) On September 18, 2015, the Defendant entering into the 115 Dong-dong parking lot through the entrance door of 115 Dong-dong underground parking lots where access to other residents was controlled, such as verifying whether the said victim was living continuously in the 115 Dong underground parking lots where the said victim was living.