모욕
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., a fine of KRW 3,00,000) imposed by the lower court is too uneased and unreasonable.
2. Although there are no circumstances considering the circumstances such as the confession of the defendant to commit the crime and the absence of the same criminal record or imprisonment with prison labor or heavier, each of the crimes of this case, which the defendant posted a malicious writing using the expression that helps the victims of the Sewol ferry disaster who are bereaved families of the victims of the Sewol ferry disaster (SNS), is highly acute due to the characteristics of the SNS, and the contents and expressions of the above article are very heavy in nature of the crime in terms of the fact that the victims as well as the victims of the above article were informed of the shock, and each of the above crimes was committed repeatedly three times, and the victims who were in the room due to the death of the child suffered more serious mental damage than the above crimes. Nevertheless, considering the fact that the defendant did not seem to have committed a similar crime against the victims, there is a danger that the defendant might commit a similar crime in the future, and the fact that the defendant's age, character and environment, the circumstances of the crime of this case, as well as the circumstances of the crime of this case, the court below's judgment is more effective, rather than the punishment of punishment.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;