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(영문) 의정부지방법원 2017.08.17 2017노973
모욕
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. On the date and time stated in the facts charged of this case, a statement containing the same content as the stated in the facts charged is not a defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is whether the Defendant, around April 5, 2016, using the “B” on the website of the Vast Storage Station for Internet daily newspapers around April 18:21, 201, “C” as the title “C”.

n. The victim insultings the victim by inserting comments on “the same bitch bitch bitch bitch bitch bitch”.

B. The lower court determined as follows: ① (a) the Defendant’s access on June 6, 2016 to the NAV Account (D)’s Liber Account (E) was identical to the Defendant’s daily account (F) access A, i.e., the comments written in the facts charged; and (b) if the Defendant’s account of the said daily Vietnam storage site (F) was certified by the Defendant’s NER Account (D), the lower court fully recognized the fact of insulting the victim by posting comments as stated in the facts charged.

In view of the facts charged of this case, the judgment of conviction was rendered.

(c)

1) In a criminal trial, the prosecutor bears the burden of proving the criminal facts charged in the criminal trial, and the conviction of guilt shall be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, and if there is no evidence to establish such a degree of conviction, even if there is no doubt as to the defendant's conviction, it shall be determined in the interests of the defendant (see Supreme Court Decision 99Do4305 delivered on February 25, 200, etc.).

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