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(영문) 전주지방법원 2020.06.17 2020노55
모욕
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Grounds for appeal;

A. Erroring facts and misunderstanding of legal principles are not an insulting expression that damages the victim’s personal value, but merely using some inappropriate expressions during the process of presenting and emphasizing the victim’s opinion that criticizes the victim, and thus constitutes an act that does not violate social rules.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the public prosecutor applied for changes in indictment with the content that the facts charged in the instant indictment are modified as follows. Since the court permitted this and changed the subject of the instant case, the judgment of the court below was no longer able to maintain it.

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles as to the pertinent part is still subject to the judgment of this court within the scope of determining the modified facts charged, and this is examined below.

B. The revised charge is that the Defendant, as a member of “B Kaf (C, approximately 9,627 number of members)” (hereinafter “B Kaf”) is a person who acts as “D (E),” and the victim F (38 years of age) is a person who opens G Kaf (H, and approximately 488 number of members) and opens a Kaf (H and 488 number of members) in B Kaf and works as an undisclosed.

B Around August 9, 2018, when the operating personnel such as K, etc., at the time of the Ka Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa

The victim on August 12, 2018 B carp.

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