(영문) 대구지방법원 2021.02.17 2020노2105 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2021.02.17 2020노2105

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding the facts reveals the comments made by the victim, but it is true that the Defendant, along with the comments written by the victim, sent comments on other community sites related to the right to exhibit operation and operation of other community sites, in which the Defendant puts the comments on the comments on the comments on the right to exhibit operation and operation of other community sites. Therefore, the offense of insult against the victim is not established.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. Fact-misunderstanding 1) The court below rejected the Defendant’s above assertion and convicted the Defendant on the ground that the Defendant asserted that this part of the appeal is the same as the grounds for appeal, and that the Defendant stated the contents of the war in two pages of the judgment of the court below, the Defendant’s writing on the victim’s posted, the Defendant’s writing on the part of the victim, and the contents related to the war, and the Defendant appears to have reported the Defendant’s writing on the part of the injured party, and the Defendant did not submit objective materials to support it.

2) The court below's decision is just in light of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, and the defendant's assertion is about the mistake of the object, and even according to the above argument, the defendant's criminal intent of insult is not justified and does not interfere with the establishment of a crime against the defendant (see Supreme Court Decision 83Do2813, Jan. 24, 1984, etc.). In addition, the court below's decision is just and it is erroneous in the misapprehension of facts as alleged by the defendant and affected the conclusion of the judgment.

subsection (b) of this section.

B. A change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing.

참조판례

-대법원 1984. 1. 24. 선고 83도2813 판결

유사 판례

-울산지방법원 2018.05.11 2018노12

-대전지방법원 2016.04.28 2015노3672

-서울남부지방법원 2018.08.10 2018고단1032

-수원지방법원 2018.04.12 2017고정3149

-대구지방법원 2017.01.12 2016노2524