[1] The meaning of insult as referred to in the offense of insult and the reason for excluding illegality

[2] The case denying the establishment of insult in a case where a person expressed an article that criticizes the operational imbalance of a specific golf club on a member’s bulletin board produced for the convenience of job-seeking for golf club sports assistants, and used an anti-defensive expression, such as a single and French human being, with respect to the above golf club personnel

[1] In the crime of insult as referred to in the crime of insult, the expression of an abstract judgment or a sacrific sentiment, which does not indicate facts, is an expression of a person’s social evaluation, and even in a case where a certain article contains especially insulting expressions, if such expressions can be deemed as acts that do not contravene the social norms in light of the sound social norms of the times, illegality is excluded exceptionally in accordance with Article 20 of the Criminal Act.

[2] The case holding that the crime of insult is not committed on the ground that it does not violate social rules in light of the motive and background of the notice, the degree and proportion of insulting expressions, etc., in a case where a person in charge of the above golf club expressed an article that criticizes the unfairness of the operation of a specific golf club on the member’s bulletin board produced for the convenience of job-seeking by golf club sports assistants, and thus, expressed an anti-destructive expression, such as a single and a pair of human beings, etc.

[1] Articles 20 and 311 of the Criminal Act / [2] Article 20 of the Criminal Act, Article 311 of the Criminal Act

[1] Supreme Court Decision 88Do1397 delivered on March 14, 1989 (Gong1989, 639) Supreme Court Decision 2003Do3972 Delivered on November 28, 2003 (Gong2004Sang, 84)

Defendant

Prosecutor

Suwon District Court Decision 2007No4403 Decided January 16, 2008

The appeal is dismissed.

We examine the grounds of appeal.

원심은, 피고인이 그 판시 인터넷 사이트 내 공개된 카페의 ‘벌당벌금제도’라는 게시판에 ‘이상한 나라의 빅토리아’라는 제목으로 ‘재수 없으면 벌당 잡힘. 규칙도 없음. 아주 조심해야 됨. 부장이나 조장 마주치지 않게 피해서 다녀야 됨. 조장들 한심한 인간들임. 불쌍한 인간임. 잘못 걸리면 공개처형됨’이라는 내용의 글을 작성·게시함으로써 위 골프클럽 조장이던 피해자를 공연히 모욕하였다고 하는 이 사건 공소사실에 대하여, 위 게시글의 전체적인 내용은 ‘규칙이 없어 운이 나쁘면 벌당(징벌적 특근)이나 공개망신을 당할 수가 있으니 부장과 조장을 조심하라’는 취지이고, 그 중 피해자를 ‘불쌍하고 한심하다’라고 표현한 부분은 ‘처지가 가엾고 애처로우며, 정도에 너무 지나치거나 모자라서 가엾고 딱하거나 기막히다’라는 의미에 불과하여, 위 게시글이 피고인의 의견표현의 자유를 일탈하여 피해자에 대한 사회적 평가를 훼손한 모욕적 언사라고 보기 어렵다는 이유로, 피고인에게 무죄를 선고하였다.

In the crime of insult as referred to in the crime of insult, the expression of an abstract judgment or a sacrific sentiment that may undermine a person’s social evaluation without a statement of fact is an expression of an abstract judgment or a sacrific sentiment. Even in a case where a certain expression of opinion contains especially insulting expressions, if such expression can be deemed an act that does not contravene the social norms in light of the sound social norms of the time, illegality is exceptionally dismissed in accordance with Article 20 of the Criminal Act (see, e.g., Supreme Court Decisions 2003Do3972, Nov. 28, 2003; 2005Do1453, Dec. 23, 2005).

According to the above facts charged, the part expressed as the victim's character can be seen as an insulting speech that may damage the victim's social evaluation, even if the part expressed as the victim's criticism or a pair of human beings in the above golf club referring to the victim's character among the above facts charged. However, according to the motive, circumstance, and background of writing on the above bulletin board, the above article is written to the purport that the defendant's opinion or determination on the above golf club referring to the defendant's opinion or determination on the above golf club referring to the victim's identity, and the whole contents of the golf club referring to the defendant's opinion or determination on the above golf club referring to the defendant's opinion or determination on the above golf club referring to the defendant's actual golf club referring to the defendant's opinion or determination on the above golf club referring to the defendant's opinion or determination on the above golf club referring to the defendant's opinion in light of the fact that the above part of the above golf club referring to the victim's opinion or the general contents of the golf club 's referring to the whole contents of the golf 's.

The judgment of the court below differs from the reasoning of the judgment, but the conclusion that acquitted the Defendant of the facts charged in this case is correct.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cha Han-sung (Presiding Justice)