The Supreme Court has ruled that insulting the house upstairs by using the intercom while protesting the noise between floors is an insult.
It was taken into account that there was a possibility of spreading to other people as there were guests upstairs as they were at the time.
Reporter Kim Kwan-jin will explain the details.
In July 2019, A's mother and daughter made an intercom to B's house, one floor above the apartment.
When Mr. B answered her intercom, she brought in her guests and made a lot of noise, pouring out abusive language and abusive language that was difficult to put in her mouth.
The intercom used is a method of making calls through a speaker without a handset.
Mr. B and his 7-year-old son, acquaintances of Mr. B, and his two young daughters, who were in the house, heard all the swear words from the mother and daughter downstairs.
A's mother and daughter were eventually handed over to trial.
Although both the first and second trials acknowledged the mother and daughter's abusive language as an insult, their judgments differed in terms of the performance for the crime to be established, that is, the possibility of being transmitted to an unspecified or a large number of people.
In the first trial, a fine of 700,000 won each was sentenced to a mother and daughter because it was difficult to see that Mr. B's acquaintance was a special relationship that his acquaintances could keep a secret. I did.
The decision was again overturned by the Supreme Court.
The Supreme Court said, "B and his acquaintances see each other once or twice a month at church, so it is difficult to believe that confidentiality is expected."
[Attorney Seungyeon Cho: It is related to the noise between floors that causes social conflict, and it is more likely to be talked about in people's mouths.
This is recognized by the Supreme Court and the performance is recognized...
The Supreme Court overturned the lower court and returned the case to the Uijeongbu District Court.
(Video coverage: Seol Seol-hwan·Seol Min-hwan, video editing: Ha Seong-won, CG: Lee Jun-ho)Keywords: