beta
(영문) 전주지방법원 2017.12.01 2017노1459

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) recognizes the fact that the Defendant prepared and posted comments, such as the content of the facts charged in the instant case, but the Defendant is identified solely on the comments made by the Defendant.

The content can not be evaluated as an insulting, and even if so, it is not.

Even if the defendant's act can be seen as an act in accordance with Article 20 of the Criminal Code in light of all the circumstances, the illegality is excluded.

2. The defendant asserts the same purport in the court below, and the court below rejected the above argument in detail in the column of "the defendant's assertion and its judgment". In light of the records, the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding the facts and misunderstanding the legal principles as alleged by the defendant.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

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

참조조문