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(영문) 서울북부지방법원 2015.05.22 2014노1596

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the victim cannot be deemed to have been identified solely by AD (ID) in the crime of insult.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, it can be acknowledged that there were other game users other than the victim in the cyber space where the Defendant took a bath, and the victim and other users knew from the past to the point of view, and that they met or contacted in the offline space.

Therefore, since the victim's surrounding person was aware of the victim's identity by the game user ID (ID) who was the subject of the defendant's abusive behavior, the defendant's insulting behavior is identified.

Therefore, the court below's judgment that found the defendant guilty is just and rejected this part of the misapprehension of the legal principles.

B. Although the decision on the assertion of unfair sentencing is made on the assertion of unfair sentencing, the defendant did not have any record of being punished in the past, but considering the degree of the defendant's abusive theory, the age, character and behavior, occupation, etc. of the defendant and all of the sentencing conditions shown in the arguments, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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