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(영문) 전주지방법원 2013.05.03 2012노1405

모욕

Text

The judgment of the court below is reversed.

Defendant

C shall be punished by a fine of 200,000 won.

Defendant

C does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. In light of the motive, circumstance, etc. of the Defendants posted the banner at the time of the original adjudication, the Defendants’ act of posting the banner at the time of the original adjudication constitutes a justifiable act under Article 20 of the Criminal Act, as it does not violate the social rules, and thus, constitutes a legitimate act under Article 16 of the Criminal Act, in light of the motive, circumstance, etc. of posting the banner at the time of the original adjudication.

B. The sentence of the lower court (the Defendant: a fine of KRW 300,000) is too unreasonable in light of all the conditions of sentencing on the grounds of unfair sentencing.

2. Determination on the grounds for appeal

A. As a ground for appeal, the Defendants alleged that the Defendants’ act constitutes a mistake in the law under Article 16 of the Criminal Act or a justifiable act under Article 20 of the Criminal Act. Thus, the lower court rejected the Defendants’ assertion in detail on the allegations and the defense counsel under the title “determination of the Defendants and the defense counsel’ assertion” in the judgment of the lower court, on the ground that the Defendants’ act constitutes a mistake in the law under Article 16 of the Criminal Act or the Defendants’ act constitutes a justifiable act under Article 20 of the Criminal Act. In light of the records and comparison of the judgment of the lower court, the lower court’s determination is just and acceptable, and there is no error of law by misapprehending the legal principles on errors

B. The instant crime of determining unfair sentencing is posted at the place where the general public frequents frequent, including insulting expressions that damage the social evaluation of the victim’s personal value.