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(영문) 서울남부지방법원 2021.01.14 2020노1322
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant was a company fee by mistake of fact;

It was true that sending B text messages, such as the list of offenses, were sent to B. However, the victims were not specifically identified by expressing them as D, H, and I. In most of the contents of the message sent by the Defendant to B, the Defendant did not insult the victims because it was sent to B the horses that the Defendant sent to a third party, or the Defendant’s misunderstanding that the Defendant was receiving.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of fact: ① A received text messages from the Defendant from the Defendant to the investigative agency, namely, “The Defendant was expressed through the Kakao message while the Defendant was called E, F, and C, I, D, and H” in the statement submitted to the investigative agency.

In light of the fact that the Defendant’s message was cut off and talked, but the Defendant continued to talk with the victims, and that it was inevitable to make the victims feel Kakao Stockholm, it was called “the victim E, C, both the Defendant and the same taxi company, working in the same taxi company as the victim E, B, and the Defendant, and the victim F had been aware of the fact that the Defendant was in a restaurant in the erobb, and the Defendant was well aware of the fact, even if the Defendant did not directly state the victims’ names in the message sent to B, the parties referred to in the text message can be identified as victims in light of the surrounding circumstances, and even if it was known that the content of the message was referred to as the victims, the crime of insult the victims was established. Meanwhile, the content of the message listed in the attached list of crimes is personal as the victim.

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