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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the defendant (the factual errors and the misapprehension of the legal principle) prepared comments on the same content as the facts charged, this was merely a legitimate criticism of the article prepared by the victim, and did not express an abstract judgment or a dissatisfic sentiment that may undermine social evaluation, and there was no intent to insult the victim.
B. The sentencing of the lower court (e.g., the suspended sentence of a fine of KRW 300,000) is too uneasible and unfair.
2. Determination
A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court rejected the Defendant’s assertion in detail, on the grounds that the Defendant alleged the same as the grounds for appeal in this part of this part, and under the title of “judgment on the Defendant’s argument”,
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error of misconception of facts or misapprehension of legal principles which affected the judgment
B. As to the prosecutor’s assertion of unfair sentencing, the Defendant did not appear to have an attitude against the Defendant, even though insultingly expressing the content of the article written by the victim and the victim on the open Internet bulletin board, and thus, the nature of the crime is not somewhat weak. Meanwhile, there are extenuating circumstances, such as having no criminal record and supporting the wife and her children, etc.
In addition, in full view of the contents and frequency of comments written by the defendant, the age and living environment of the defendant, motive and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is appropriate.
3. The appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided