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(영문) 인천지방법원 2013.06.28 2013노1154
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The Defendant’s expression of the gist of the grounds for appeal is an act that does not contravene social norms (legal scenarios), and the punishment (one million won of a fine) imposed by the lower court against the Defendant is too unreasonable.

(F) Determination; 2. Determination

A. As to the assertion of misapprehension of the legal doctrine, insult as referred to in the crime of insult does not indicate facts and expresses an abstract judgment or sacrific sentiment that could undermine the people’s social evaluation, and the Defendant posted the comments, namely, “E such as f. E” and “f.e., f., f.,” and “f.e., f., f.,” and the head of “Auriri,” the most part of which was the head of “f.e., f., f.,

However, I would like to take the head as much as E, so I would be able to take the "Mak," .

The expression of '', etc. is an insulting speech that may damage the social evaluation of the victim even if all the comments are written, and the defendant posted the above article to the victim, who is the president of the apartment reconstruction association, for the purpose of protesting against the problem such as the operation of the reconstruction association and the contribution.

However, in light of the overall composition, logic, objectivity, and the degree of insulting expression, it is difficult to view that it does not violate the social rules, since it is recognized that the social evaluation of the victim would be lowered as an insulting speech.

Therefore, the defendant's above assertion is without merit.

B. In full view of all the circumstances indicated in the record, including the Defendant’s age, character and conduct, environment, relationship with the victim, motive and means of the instant crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court against the Defendant is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is too unreasonable. Thus, the Defendant’s assertion of unfair sentencing is without merit.

3...

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