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(영문) 서울동부지방법원 2017.05.18 2016노1872
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have the same words as written in the facts charged, and there is no public performance in relation thereto.

B. The lower court erred by misapprehending the legal doctrine as stated in the facts charged

This is a legitimate act that does not violate social rules.

In addition, since the defendant made a compromise with the victim immediately after the above speech, it should be deemed that there was an expression of the victim's intention not to punish the crime of non-violation of punishment against the victim.

(c)

The punishment sentenced by the court below which is unfair in sentencing (one million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the defendant's assertion by the defendant is without merit, since it can be sufficiently recognized that the defendant publicly insultingd the victim as stated in the facts constituting the crime in the judgment below.

B. As to the assertion of misapprehension of legal principles, the Defendant’s insult of the victim as above cannot be deemed as a justifiable act that does not contravene the social norms.

In addition, the expression of intent not to punish a person who is not subject to punishment in the crime of non-violation of one's own will should be made to the investigation agency or the court.

Even if so, the injured person expressed his intention not to punish the accused.

In addition, according to the records, the victim stated in the court below that he wanted to punish the defendant, so the defendant's above assertion is without merit.

(c)

Examining all the conditions of sentencing as shown in the argument of this case, such as the Defendant’s age, sex, family environment, the background and result of the instant crime, and the following circumstances, the lower court’s punishment is too too unreasonable, and thus, is not acknowledged to be unfair.

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