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(영문) 대구지방법원 2017.02.03 2015노3683
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was guilty of the facts charged in the instant case, despite the fact that he did not insult the victim by making comments on the comments posted by the victim E (hereinafter “victim”) around September 21, 2014; and (b) on September 21, 2014, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the ID (C (D) that prepared the comments on the instant comments, are IDs used by the Defendant in the Republic of Korea on the NAV, and ② was connected to the NAV around September 21, 2014, around September 21, 2014, when the comments on the instant comments were written, and ③ connected IPs on the instant comments were used by the Defendant.

In full view of the following facts: (a) the Defendant is IP-related assigned to CJ H H H H HH, and (b) the Defendant posted a letter referring to the Defendant’s “inviation of fraud,” etc. around July 2014; (c) reported various criminal suspicions, such as tax evasion, to the National Tax Service, etc. on August 2014; and (d) there was no high level of appraisal on the victim as if he had exercised violence; and (d) the Defendant insultingd the victim by means of making comments on the comments posted by the victim as stated in the reasoning of the lower court.

The judgment of the court below that determined the person is just and there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

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

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