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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant of mistake of facts recognized the fact that he prepared and posted comments on the Internet Sbest Book (hereinafter "the message board of this case") as stated in the facts charged of this case on the Internet Sbest Book of the Internet Sbest Repositories (hereinafter "the message board of this case"). However, this is not related to the above comments and the victim since the victim was present in the court of the court below and made a statement that he did not belong to G, because the non-victim who used the "I" and the "D" captures the twitter of the victim E (hereinafter "victim") and made the statement on the bulletin board of this case, and made and posted his subjective evaluation against the persons who included the above writing in the bulletin board of this case, and it is not necessary to directly insult the victim as the party directly to the victim or to make a sexual criticism, but it is not necessary to prepare and post the comments on the premise that he did not belong to G.
Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. In full view of the circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the details and the method of expression, etc., the Defendant’s act of carrying the writing written in the instant facts charged on the instant bulletin board constitutes an expression of abstract judgment or sacrific sentiment that may undermine the social assessment of the victim, and thus, the Defendant’s assertion of mistake of facts constitutes insult of the victim is without merit.
B. The Defendant cannot be deemed to have denied the instant crime until the trial on the grounds of unfair sentencing, and the Defendant did not agree with the victim until the trial on the grounds that it cannot be deemed that the Defendant’s mistake was seriously against the Defendant.