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(영문) 창원지방법원 거창지원 2017.04.12 2016고정124
모욕
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant refers to the victim G, H, and I while many people, such as the E branch office of the D Cultural Association, the third floor of the E branch office, the E branch election management members of the E branch office, and the F, etc. of the E branch office, are heard by around 11:30 on February 24, 2016, the Defendant refers to the victim G, H, and I in the cultural and artistic world of the JJ.

G, H, and I shall be at least K where a person who has caused a problem in G, H, and I is at least one same time.

B. The tree 3 to 4 ppuri began to be string and to strings.

I would like to put the stale in hand the stale.

The victims were exposed to the stast and stalm of the victims in a large sound, thereby openly insulting the victims.

2. The offense of insult under Article 311 of the Criminal Act is an offense that protects an external reputation, which means a social evaluation of a person’s value, and refers to an offense of insult as defined in the offense of insult, namely, expressing an abstract judgment or sacrific sentiment that may undermine a person’s social assessment without indicating any fact.

Therefore, even if a certain expression is not likely to undermine the social evaluation of the other party’s personal value, it cannot be deemed an element of the crime of insult (see, e.g., Supreme Court Decisions 2008Do8917, Dec. 11, 2008; 2015Do229, Sept. 10, 2015). Even in a case where the expression contains a judgment or opinion that includes an insulting expression, if such expression can be deemed an act that does not violate the social norms in light of the sound social norms in the said period, illegality is exceptionally dismissed pursuant to Article 20 of the Criminal Act (see, e.g., Supreme Court Decisions 203Do3972, Nov. 28, 2003; 2008Do1433, Jul. 10, 2008).

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