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(영문) 울산지방법원 2016.08.05 2016노717
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In misunderstanding the facts and legal principles, the lower court found the Defendant guilty of the instant facts charged despite the absence of evidence that the victim filed a complaint and the statement to supplement the statement by the victim’s agent was not adopted as evidence. In so determining, the lower court erred by misapprehending the legal doctrine on the offense subject to victim’s complaint and misapprehending the legal doctrine.

B. misunderstanding of legal principles: (a) the Defendant merely stated that the Defendant’s writing on comments is “a mother and dub parent company located in Bocheon-si D,” and the victim was specified since there were several dub parent companies in addition to the dub parent company of the victimized party in Bocheon-si D, as well as the dub parent company.

Despite the fact that the court below found the Defendant guilty of the facts charged in this case, it erred by misapprehending the legal principles as to the specification of the victim of the offense of insult, and ② even if the Defendant’s act constitutes the elements of the offense of insult, it should be deemed that the illegality is excluded as an act that does not violate the social rules, and thus, the court below erred by misapprehending the legal principles as to the act of insult.

(c)

The punishment of the court below (the amount of 300,000 won) which is unfair in sentencing is too unreasonable.

2. Determination

A. We examine the judgment of misunderstanding of facts and legal principles, and the facts about the existence of a complaint in a crime subject to victim's complaint are subject to free proof (see Supreme Court Decision 98Do2074, Feb. 9, 199, etc.). Free proof does not require the admissibility of evidence, and there is no need to go through strict procedures for investigation of evidence as provided by law, and if the evidence is submitted to the court and is bound to be bound by the record, the basis is left behind. In this case, the defendant's statement to supplement the victim's complaint and the complainant's representative.

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