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(영문) 부산지방법원 2018.04.12 2017노4807
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles, since the misunderstanding victim prepared a notice to have the victim take a bath, the defendant prepared a notice to insult the victim, this is justified with the victim's consent, even if the illegality is eliminated, and there is an error in the misapprehension of legal principles.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of the legal principles, the victim satisfinna as the match saw.

I ambling, I ambal, I ambal, I ambal, I ambal, I ambal, I ambal, I ambal, I ambal, I ambal, I ambal.

7. It is recognized that a notice is written to put up for the internal purpose, “the country-satisfies” as soon as possible.

However, the following circumstances acknowledged by the above evidence, i.e., (i) the Defendant and the victim had a conflict between the victim and the victim prior to the preparation of the above article, (ii) the victim appears to have used the above expressions in the process of forcing other bulletin board users to express their opinions about their attitudes; (iii) even according to the text of the article, the above contents do not seem to be acceptable for the victim, and (iv) even if the Defendant did not use the expression such as the crime of this case, it can be expressed in a different way as much as possible even if the Defendant did not use it, it is difficult to recognize that the victim consented to the act of insulting the Defendant with the genuine intent.

Therefore, the lower court’s judgment.

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