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(영문) 서울남부지방법원 2019.07.05 2018노1248

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. On the same day, the prosecution prosecutor conducted a non-prosecution disposition on the criminal facts of the instant case, and simultaneously prosecuted the instant case.

Acquittal of the accused shall be pronounced.

B. The victim was not identified.

C. Defendant’s act does not contravene social rules.

2. Determination

A. The grounds for the Defendant’s assertion of acquittal do not constitute the grounds for acquittal under the Criminal Procedure Act, and the records reveal that the prosecutor did not take a non-prosecution disposition on the facts charged

(The facts constituting the crime of this case are excluded from the facts charged with non-prosecution disposition. This part of the defendant's assertion is without merit.

B. The following circumstances revealed by the evidence duly admitted and investigated by the court below by the victim's unspecified assertion that this case was promoted since the conflict of opinion between the panty members supporting I who is a member of the ASEAN Group H and the opposing panty members (the victim side). The victim is an executive of the panty club and the defendant is taking the lead of public opinion in the side opposing I, and the Hpanty, which appears to be the main panty of the D in this case, seems to have been paying much attention to the above confrontation. The defendant had already posted a notice by clearly specifying the victim's ID around April 2016 at the early stage of the dispute (Seoul Southern District Court Decision 2018No134, May 5, 2019), and the defendant posted a notice by continuously responding to the case between the defendant and the victim (the defendant and the victim's appeal).

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