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(영문) 서울중앙지방법원 2013.08.09 2013노1780

모욕등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Some of the expressions attached to the judgment of the court below such as misunderstanding of facts and misunderstanding of legal principles are not written by the defendant (Nos. 1. 2, No. 2, No. 2, No. 7, No. 3, 5, 6, and 22 of the list of crimes attached to the judgment of the court below), or not referred to as the victim (No. 1, No. 3, No. 5, No. 6, 22 of the list of crimes attached to the judgment of the court below), or the expression per se does not per se interfere with the social evaluation of the victim (No. 16, No. 21, No. 23, No. 26 of the list

(No. 1,5,6,8,9) No. 1, 6, 8, 9 of the List of Offenses II attached to the original trial.

The sentence of the lower court on unreasonable sentencing (fine 7 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the argument that the defendant did not prepare a mistake of facts and misapprehension of the legal principles, the court below's judgment on the argument that the defendant did not lawfully admitted and examined the processed matter is thought that "the processed matter" was stated (one year No. 1 of the crime inundation attached to the original trial and two) or that "natural

“The statement in [Attachment II] may have been drawn up by the Defendant’s arms in accordance with the Defendant’s assertion, but it is recognized that the Defendant, at his answer to it, had the entries in the arms cut down into the Defendant’s Twitter. Thus, the subject of such withdrawal is recognized as the Defendant.

Comprehensively taking into account the circumstances acknowledged by the evidence duly admitted and examined by the court below regarding the argument that she was not referred to as the victim, the phrase “10 kys” refers to a person who uses L, but it is understood that the statement “10 kys” refers to a person who uses L, the real name of the victim, and the statement that is the same as the victim, is understood as an expression of a gymological sentiment of the victim, and ② the statement “10 kysp (5 1. 5 per annum in attached Form 1 of the judgment of the court below)” or the table “1 of crime list in attached Form 1 of the court below.