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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. (i) The Defendant’s expression does not constitute an insulting speech that may undermine the social evaluation of the victim’s personal value.
In light of the circumstances in which the defendant made such a speech, the illegality of the defendant's act is excluded because it does not violate the social rules.
B. The sentence of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.
2. Determination
A. In light of the background of the Defendant’s statement, the contents of the statement, and the expression thereof recognized by the evidence of determination of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant’s act constitutes insult as an expression likely to undermine the social evaluation of the victim’s personal value, and it does not constitute an act that does not violate the social rules.
The decision is judged.
Therefore, this part of the defendant's argument is without merit.
B. Although there is no criminal record except for the Defendant’s punishment for a punishment once due to drinking driving, the Defendant’s act appears to be reasonable to have swornly committed by the Defendant. The Defendant was unable to obtain a letter from the injured party so that he/she might have been faced with the judgment, and the efforts to recover from damage are also not visible. In addition, taking into account the circumstances of the crime, the circumstances after the commission of the crime, the Defendant’s age, and various conditions of sentencing indicated in the records, such as the Defendant’s sexual intercourse, the lower court’s punishment is too unreasonable.
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.