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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the fact-finding) is that the Defendant posted, with the consent of the victim, the same article as the facts constituting a crime of defamation, along with a photograph of the victim, thereby constituting a crime of defamation.
In addition, since the defendant's G propy photographs and E screen pictures are shown to be "D purchase," the general public would have thought to be "D".
Therefore, the offense of insult is not established.
2. In full view of the following circumstances recognized in light of the evidence duly adopted and examined by the court below in light of the records, the defendant's assertion of mistake of facts is without merit, since the defendant has damaged the reputation of the victim and has sufficiently recognized the insult of the victim.
① 피해자는 수사기관에서부터 일관되게 피고인이 피해자 사진을 게시하는 데에 동의한 바 없다고 진술하고 있고, 피해자가 피고인에게 게시된 사진에 관하여 항의하는 내용의 메시지를 보내자 피고인이 “엥 어찌 찾았지, 모자이크 해줄게요”라고 대답하며 “미안하다, 잘못했다, 용서해달라”는 취지의 반응을 보인 것에 비추어 볼 때 피고인이 피해자로부터 사전에 동의를 받았다고 보이지 않는다.
② The Defendant posted the phrase “D disability” and “D pets” in E, as indicated in the facts of the lower judgment, from an investigative agency to the lower court’s judgment, and recognized the fact that he set up “H” with “H,” as indicated in the facts of the lower judgment. The Defendant asserted that “D” was a strong name. The Defendant posted the above phrase after receiving a complaint from the victim for defamation, and in light of the relationship between the Defendant and the victim, etc., the Defendant’s above assertion is difficult to obtain.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.