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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A, as stated in the judgment of the court below, made a statement to the victim, such as male, fry, etc., but it is not a patent insult of the victim, but for public interest.
In addition, even though the defendant A was not guilty as stated in the decision of the court below, the victim was threatened with the defendant A, so it is nothing more than tightly.
B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles have continued to bring a malicious lawsuit against the Defendants several times on the day of the instant case, and Defendant B tried to have the victim and the Defendant A have been trying to bring a dispute over several times, and in this case, Defendant B was merely an “native” in which the victim had been used by the victim during the victim’s desireing and taking and going through a cell phone image with the cell phone. Considering the dispute between Defendant B and the victim, the expressions used by the Defendant B, and the circumstances leading to the instant case, Defendant B does not openly insult the victim, and this constitutes a justifiable act that does not contravene social norms. 2) In view of the circumstances leading up to the instant case, the circumstances leading up to unfair sentencing, Defendant B’s life with the victim’s remaining in South Korea, and the circumstances leading up to the instant case, etc., the lower court’s punishment (one million won per fine) is too unreasonable.
2. Determination
A. Determination 1 on Defendant A’s assertion is acknowledged by the evidence duly adopted and examined by the lower court, and performance in the offense of insult refers to the state in which an unspecified person or a large number of people can be recognized, as in the case of defamation (see, e.g., Supreme Court Decision 98Do1949, Sept. 8, 1998). The place in which Defendant A expressed the victim’s abusive opinion was located, such as the court, legal corridor, parking lot, etc., and the victim’s cumulative dispute with the victim.