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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty, although the defendant did not insult the victim by making the statement as stated in the facts charged, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant is “Enora” as stated in the facts charged in the instant case.
By stating that “the fact of openly insulting the victim may be sufficiently recognized,” and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts in the lower judgment.
Therefore, the defendant's assertion of misunderstanding the above facts is rejected.
B. In light of the fact that the Defendant denies the instant crime up to the trial of the party, and it appears that he did not take an effort to receive a letter from the injured party, and other circumstances, including the degree of insulting expression in the instant case, including the Defendant’s age, sexual conduct, intelligence and environment, motive and background of the crime, means, method and consequence of the crime, circumstances before and after the crime, and criminal record relation, it is not recognized that the lower court’s punishment is too unreasonable, and thus, it is not acceptable to accept the Defendant’s unjust assertion of sentencing.
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.