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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2017.08.18 2016노2687
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant merely expressed a simple bath in the process of expressing the victim I's unfair treatment while displaying the victim I's labor, and thus has impaired the victim's external reputation.

There is no intention to insult the defendant.

On the other hand, the spouse and building management director of the defendant who had been at the site of the case at the time of the case are in a living and official relationship, which could expect that the contents should not be disseminated externally, and J, the borrower of the benz, had a public performance because there was no relation with the victim.

It is also difficult to see it.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby finding guilty of the facts charged.

2. The offense of insult is established by openly expressing an abstract judgment or a sacrific sentiment that may injure the external reputation of the victim, not the victim’s external reputation is practically infringed or the victim’s external reputation is not at risk of being infringed specifically and practically.

On the other hand, public performance refers to the state in which many, unspecified or unspecified persons can recognize the public performance in the crime of insult, and even if the facts are distributed to one person individually, if there is a possibility of spreading them to an unspecified or unspecified person, the requirements of public performance shall be satisfied.

According to the evidence duly admitted and the examination of evidence, the Defendant’s statement on the part of the victim I at the parking lot of the building in the same time as indicated in the facts charged can be acknowledged as having been made to the above victim, including the hiversary theory as indicated in the facts charged, while the Defendant had a dispute with the victim I at the parking lot of the building.

In full view of the details of the Defendant’s remarks and surrounding circumstances at the time, “parking parking management kis,” the Defendant took a bath to put the victim’s attitude about the vehicle contact accident and to reflect the sacrific expressions.

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