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(영문) 수원지방법원 2019.11.22 2019노4764
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The other party who insulting the mistake of facts by putting a notice B is not the victim.

Nevertheless, the court below erred by misapprehending the fact that the defendant insultingd the victim by posting B.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, the Defendant argued to the same effect as the Defendant did at the trial of the lower court.

The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the circumstances as indicated in its reasoning, which were revealed through the evidence duly admitted and examined.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified, and there is no error of misconception of facts as alleged by the defendant in the judgment below.

B. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record on the assertion of unfair sentencing, the sentence imposed by the lower court appears to have been appropriately determined by fully considering the grounds for sentencing alleged by the Defendant, and no special circumstance exists to change the sentence imposed by the lower court.

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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