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(영문) 서울중앙지방법원 2013.05.30 2013노768

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of the legal principle are true, and this is to establish social justice and prevent damage caused by the victim church, so it does not violate social rules and is not illegal.

Nevertheless, the court below found all of the charges of this case guilty, and there is an error of law by misunderstanding of facts and misunderstanding of legal principles that affected the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts and misapprehension of legal principles, the crime of this case by inserting an original expression, such as “the fraudulent group,” etc., on the Internet site, is insulting the victim church. The publication of this case, such as the legal reasoning and the ground of proper judgment, constitutes an insult that expresses abstract judgment or anti-defensive sentiment that could undermine social evaluation without stating facts, and the specific behavior of the victim church is not criticized for logical and objective grounds, but is continuously using a profesive expression that does not need to be stated, and thus, it cannot be said that it does not violate social rules.

Therefore, this part of the defendant's assertion is without merit.

B. Although the defendant may take into account the argument of unfair sentencing in the instant case where he/she caused the instant crime, the defendant again committed the instant crime similar to the suspended sentence on February 3, 2006, even though he/she had the record of the crime under which he/she infringed the honor of the victim church of the instant case on February 3, 2006. In addition, considering the defendant's age, character and conduct, motive, means and consequence of the instant crime, conditions of sentencing specified in the instant argument, such as the circumstances after the commission of the crime, the sentence imposed by the court below is too unreasonable. Thus,