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(영문) 수원지방법원 2018.05.14 2017노8364
모욕
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, the Defendant merely sent text messages to some believers including H with the response to the request for appearance sent by H, a chairman of the E church legal countermeasures, and did not transmit them to many people, and there is no possibility of dissemination, etc. Therefore, it constitutes a case where the elements of the crime of insult are not satisfied or a justifiable act is deemed to constitute a justifiable act.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged in the instant case is that the Defendant: (a) using a mobile phone with the phone number “D” at the residence of the Gyeonggi Pyeong-gun C on March 6, 2016; and (b) using a mobile phone with the “D”; (c) the head of the E church; and (d) the head of the office; and (c) the head of the E church, using a mobile phone with the “D”; (d) the E church operates the E church as her mother, with which he was carrying out the net shot of his own church; (c) while the E church operates the E church as her mother, A’s house will look at the eye; (d) as long as it seems that it became the Prosecutor General within the church, he is aware of the position in which he exercises the power, and is carrying out an act that is incompet with the movement.

H. Bohman Hahman Hahman Hahman Hahman Hahman Hahman Hahnnba; or

Whether a church players or not;

A human beings who do not know even. E church does not want to be the other party because all the sex of the E church sees the human being to a human level, and they do not want to be the other party, so they neglect the match and move to a light with the awareness of the driver's three merchants, or human beings who exceed this ceremony. We will question the teachers in the church.

Whether the request for attendance is sent with a document verifying the contents of the request for attendance.

The end of this human life-based consent is all known to any width.

The end of widths shall be Bonese.

The text message “ sent” was sent.

As a result, the Defendant insultd the victim H(hereinafter “instigator”) in a public manner.

B. The lower court’s determination shall be based on the evidence as indicated in its judgment.

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