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(영문) 서울서부지방법원 2015.07.02 2015노146
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant thought that misunderstanding of facts would not harm the Republic of Korea, and that misunderstanding of facts would not go against the Republic of Korea. The Defendant posted the instant comments in order to point out the victim’s mistake, and there was no intention to insult the victim.

B. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too heavy.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, since the comments posted by the defendant are expressed by manifestly deviating from the freedom of expression of opinion guaranteed by the Constitution in light of the form and content of the expression, thereby undermining the social evaluation of the victim, it constitutes an insulting act under the Criminal Act, and at the time, it can be sufficiently assessed that the defendant had the intention of insult.

This part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant’s primary offender is the sentencing factor favorable to the Defendant.

However, it is an element of sentencing unfavorable to the defendant that the defendant justifys his criminal act and does not reflect his criminal act until the court of first instance, and that the defendant did not agree with the victim, and that there is no change in the changed situation

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be said that the sentence of the court below is too unreasonable.

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

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