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(영문) 서울중앙지방법원 2014.10.24 2014노2707

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to insult the victim merely written the name of the victim with the actual waterways among the victim D and the horse names connected to his own Facebook, and there was no intention to insult the victim.

B. In light of the circumstances surrounding the occurrence of the instant case’s unreasonable sentencing, the first instance court’s punishment (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the Defendant: (a) used the victim’s expression “EN” in several times in the debate with the issue of the subject of the burden of payment of automatic liability, etc. supplied by the Defendant in the Defendant’s Face North Korea; and (b) written the victim’s expression “EN” with the expression “EN” in several times; and (c) written the victim’s expression as “NN NN and I cannot see that I would like to think of the form of “E NN NNN and you would like to think of the legal terms and conditions; (d) Nevertheless, the Defendant, “I NNN” and “Ise NN,” and “Ise the victim’s expression before and after the instant interview, Is that I continued to use the expression “ENN” or “Ise the victim’s expression, such as the victim’s speech,” and “Iseved the victim’s expression before and after the instant interview.”