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(영문) 수원지방법원 2019.01.08 2018노5527
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact that a person discovered as a violation of technical regulations on September 3, 2017 on the sports day was only the victim, and that there was a notice of the game result on the stadium bulletin board, etc., the victim can be seen to be specified, as it can be seen that at least the sports participants are referred to as the victim, and the Defendant’s posted article constitutes an expression of an abstract judgment or sacrific sentiment that could undermine the social evaluation of the victim.

B. The lower court’s sentence of unreasonable sentencing (the suspended sentence of KRW 200,000,000) is too unjustifiable and unfair.

2. Determination

A. The lower court found the Defendant not guilty on the ground that the photograph attached to the Defendant’s notice alone cannot be deemed to have been identified as the victim, and that this article merely expressed the victim’s decentralization on the violation of the provision of the victim, but did not express an abstract judgment or sacrific sentiment that may undermine the social assessment of the victim.

According to the records, the above judgment of the court below is just, and there is no error of misconception of facts as argued by the prosecutor.

Therefore, this part of the prosecutor's argument is without merit.

B. There is no change in the conditions of sentencing compared with the original judgment because a new data on sentencing was not submitted in the judgment of the court of unfair sentencing. In full view of all the reasons for sentencing as stated by the lower court, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because it is too unhued.

Therefore, the prosecutor's assertion on this part is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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