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(영문) 의정부지방법원 2021.01.22 2019노3395
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principles) is the fact that the defendant prepared and posted the same writing as the facts charged, but this constitutes criticism for the public interest, and thus, the defendant did not have the intention of insult, and even if it constitutes insult, illegality as a legitimate defense is excluded.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case and sentenced a fine of KRW 500,000,000.

2. In light of the facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is sufficiently recognized that the Defendant’s writing to refer the victim to the victim as “the fraud change,” etc. constitutes an insult as referred to in the crime of insult, since the Defendant’s writing of comments is publicly expressed with a sufficient explanation that would undermine the social evaluation of the victim. In full view of the meaning, contents and methods of such expressions, the circumstances surrounding posting comments on comments, etc., it cannot be said that the Defendant’s act does not constitute a justifiable act that does not violate the legitimate defense or social rules under the Criminal Act. Therefore, the court below’s rejection of the Defendant’s assertion in the judgment of guilty of the charges of this case is acceptable, and there is an error of law by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

It does not appear.

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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