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(영문) 서울고등법원 2017.11.01 2017노2166
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) (hereinafter “instant notice”) is that the Defendant’s account page (hereinafter “instant notice”) prosecuted as the instant facts charged was posted on North Korea for a considerable period of time, and the level of expression is lower than that of expression as it was repeatedly posted.

As it cannot be said that it constitutes an element of the offense of insult and is found guilty as there is no room to deny illegality.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles as to the offense of insult and thereby affecting the conclusion of judgment.

2. Determination:

A. The Defendant was a person who served in the F General Social Welfare Center from August 1, 2014 to July 31, 2015, and the victim G was the head of the said Welfare Center.

On April 17, 2015, the Defendant continued to demand a apology and raise an objection to the welfare center’s side of the victim, etc. on the ground that the head of the H department of the welfare center: (a) heard the employee I’s pregnancy consciousness on the part of the employee I; and (b) made other employees the statement that “this female will leave his term of office in good faith.”

" 2017 Gohap 69"

1. On July 8, 2015, at a place where a location of around 03:01 on July 8, 2015 is unknown, the Defendant viewed that he/she carried out his/her anti-fluorial dog to North Korea using the smartphone of the Defendant.

It is a false statement against the chief, who is the most known person in the Gisan Additional Welfare Center, and the chief in the welfare center is too bad.

The issue was that can be terminated on the Gamady. He stored the Gamag in the fear for two months, and made this malicious manipulation.

The phrase " shall be written," and at around 03:09 on the same day, it shall be deemed that the power is honorary, but no more than that.

It is also a canal for the people who set up the right to maternity of the weak.

“Publicly insulting the victim,” referring to “The comments made by the victim.”

2. On October 5, 2015, the Defendant’s smartphones are located in a place where the Defendant’s location cannot be identified.

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