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(영문) 수원지방법원 2013.11.21 2013노2998

모욕

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. Although misunderstanding of facts or misunderstanding of legal principles recognized that the Defendant posted the comments written in the facts charged on the Internet, the court below found the Defendant guilty of the facts charged by misunderstanding of facts or misunderstanding of legal principles as to the offense of insult, even though the content does not constitute insult, or did not have criminal intent or violate social rules.

B. The lower court’s sentence of unreasonable sentencing (fine 500,000) is too unreasonable.

2. Determination:

A. The insult referred to in the crime of insult or insult of a mistake of facts or misapprehension of the legal doctrine is an expression of abstract judgment or sacrific sentiment that may undermine people’s social evaluation without mentioning the facts.

(See Supreme Court Decision 2003Do3972 Decided November 28, 2003, etc.). The following circumstances acknowledged by these legal principles and records (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003). (1) the text of the crime list i.e., (i) the grammatic meaning, (ii) the victim's act indicates the whole "not being opened" as a whole, and (iii) the defendant's act does not per se indicate the negative meaning or light that it does not indicate the victim's social assessment (see, e.g., Supreme Court Decision 2003Do3972, Nov. 28, 2003).