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(영문) 춘천지방법원 강릉지원 2017.08.10 2017노124
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Although the defendant, even though he was deprived of the victim's name, he did not insult the victim with the victim's desire first, and expressed the victim's desire as "the victim". However, he did not insult the victim.

(b) guilty, even

Even if the court below's punishment (300,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant not only recognized the facts charged in this case at the court below but also recognized the fact that the victim stated in the facts charged in the judgment of the court below as stated in the judgment of the court below, among the defendant's opinions that D is a village resident.

In addition, in light of the circumstances leading up to the instant case, the situation at the time, and the contents of the statement made by the Defendant, etc., the Defendant’s words constitute a sacrific expression that could undermine the social evaluation of the victim. Therefore, the Defendant’s act would suffice to constitute the offense of insult

The defendant's assertion of facts is without merit.

B. A favorable circumstance, such as the fact that the Defendant had no record of criminal punishment regarding the illegal argument of sentencing, exists.

However, considering the fact that the Defendant still did not reflect his mistake, and the background, means, and consequence of the instant crime, the circumstances after the instant crime, and the degree of insulting expression, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court cannot be deemed to be unfair due to an excessive restriction.

There is no reason to believe that the sentencing of the defendant is unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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