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(영문) 대전지방법원 2018.12.21 2018노960
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. In light of the fact that the Defendant’s status or Defendant posted a majority of comments regarding the insult of D University on December 4, 2016 on the insult North Korea, it can be seen that the posting of a public prosecution room from the position of D University students or the readers of D University slanders the professors of the new department of D University and students from the position of D University or the readers.

The number of professors in the new department is 16, 100 students, and 350 students in the new department, so that all victims were referred by collective masters employed by the defendant.

must be viewed.

In addition, in addition to the fact that the defendant had conflict with the new department student, including I, from among the victims, the defendant slandered the professor and student of the D University.

It is reasonable to view it.

Therefore, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby acquitted the Defendant.

B. The Defendant’s results of insultd on December 5, 2016 are consistent with the results of occasional admission of the faculty of the Rotten School in 2014 posted on the D University website.

Defendant continued to post a false statement on school staff, etc.

In light of the circumstances, it is clear that the defendant's writing is fluorating professors and students of D University.

Therefore, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby acquitted the Defendant.

2. Determination

A. The offense of insult of the relevant legal doctrine is established by expressing a warning that may undermine the social evaluation of a particular person or an organization possessing character, and thus the victim must be identified.

The insult by so-called collective indications is difficult to interpret that the content of insult is against a specific person belonging to a group, and if the criticism by collective indications is made against an individual member, the degree of criticism is dilution, thereby affecting the social evaluation of each member.

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