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(영문) 서울서부지방법원 2020.05.18 2019노1495
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal, including the motive and circumstance of the Defendant’s speech, the situation prior to the statement, the meaning and overall context thereof, etc., the Defendant’s expression “voluntary friende” against the victim is sufficiently recognized as an expression of an abstract judgment or sacrific sentiment that may undermine the social assessment of the victim’s personal value, but the lower court erred by misapprehending the legal doctrine that acquitted the Defendant.

2. The lower court rendered a not guilty verdict on the facts charged of the instant case on the grounds that, in light of the motive and circumstance of the Defendant’s statement, the meaning and overall context of the statement, the place where the statement was made, the relationship between the Defendant and the victim, the circumstances before and after the statement, and the importance of sacrific expressions in the whole, etc., which can be seen in its reasoning, such expressions of the Defendant may be an exaggerated and exceptional expression that may discomfore the victim, but it cannot be deemed that they constitute an insulting speech that may objectively undermine the social evaluation of the

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just and acceptable, and there is no violation of law of misunderstanding of facts alleged by the prosecutor.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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