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(영문) 수원지방법원 2016.04.22 2015노6294

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant merely expressed the Defendant’s opinion on the word “Ibebe” and did not refer to the victim, but did not have any intention to insult the victim.

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles that found the Defendant guilty of the offense of insult, which affected the conclusion of the judgment.

2. The judgment of the court below is based on the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, i.e., (1) at the time when the defendant prepared and posted the comments on the instant sub-party 1, the bulletin board was in the situation where the victim, who posted the comments on the sub-party 1, disclosed his/her real name, made public the victim's name, and posted the comments and comments containing the content of blishing or blishing the victim, and (2) the defendant posted the membership information containing the victim's real name under the title of "F" with the title of "F."

3 In light of the situation of the bulletin board at the time when the defendant prepares the comments, the objective text of the comments made by the defendant, and the contents of the original text of the comments made by the defendant, such as the fact that the damaged person whose real name has been pointed out is the one which has to be eliminated by referring to the person who has been damaged by the real name as a punishment, etc., the defendant insultd the victim by expressing an abstract judgment or a sacrific sentiment that could undermine the social assessment as if the victim had no been a victim.

It is reasonable to see that the defendant has the intention to insult.

Therefore, the court below's finding the defendant guilty of an insulting crime is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant, and therefore, the defendant's status is the defendant.