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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of premise;
A. The plaintiff (Korean Buddhist Cho Jae-sung) who was posted in Twitter any expressive material that spawnize D, E President, and spawn spawn spawn spawn spawn spawn spawn spawn spawn at the Twitter
아. 쇠괴기이~~^^ 원고는 원고의 건강이 좋지 않아 의사나 주변인들이 쇠고기 등으로 보양을 하라는 취지의 말을 듣고 위와 같은 글을 무심코 게시한 것이라는 취지로 주장한다. 라는 글을 게시하였다.
B. Around January 7, 2013, the Defendant posted negative comments against the Plaintiff on Twitter (main comments are as shown in attached Tables 1 and 2), and the Plaintiff among them filed a complaint against the Defendant against the investigative agency as a crime of insult as to the posted comments as indicated in attached Table 1.
C. On November 21, 2014, the Defendant lodged an appeal after having been convicted of KRW 500,000,000. On March 27, 2015, the appellate court dismissed the prosecution on the grounds of the lapse of the filing period, and on the remainder, it convicted of KRW 300,000 for the following reasons.
The defendant posted a statement with the victim's complaint in the contents of political expression, and even though the victim knew that he was a female member, he used the expression that could damage the social evaluation of his personal value with the awareness that he was a female member, and there is a phenomenon that the victim or his support person and the hostile expression are different due to the expression of the defendant, the defendant repeated the insulting expression.
The above act of the defendant constitutes a crime of insult under the Criminal Act beyond the scope permitted by the freedom of expression or social norms guaranteed by the Constitution.
The Defendant appealed against the above judgment, but the decision of dismissal of the appeal was finalized on May 15, 2015. Meanwhile, the Plaintiff made a criminal complaint or civil lawsuit against the Defendant on the ground that he insultd the Plaintiff in Twitter, etc.