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(영문) 서울서부지방법원 2016.08.25 2015노1808
모욕등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged that there was a misunderstanding of facts or a misunderstanding of legal principles on D, and the Defendant did not make to E the same remarks as the facts charged.

The defendant made such a statement.

Even if the statement does not constitute an insulting speech that could undermine the social evaluation of D's personal values.

Nevertheless, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles.

(2) On March 7, 2014, the Defendant asserted as to defamation against GIST, which took place to E around March 7, 2014, read the text posted by G on March 7, 2014, and asked E whether he/she viewed it, and there was no fact to the effect that his/her father died due to G.

(3) The Defendant did not make any other statements as indicated in the facts charged against J and N as to defamation.

B. The sentence of the lower court’s wrongful assertion of sentencing is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment with respect to G, which was made to J from February 11, 2014 to October of the following month, as follows, prior to the judgment on the grounds of ex officio appeal, and the Prosecutor applied for changes in the indictment with respect to G from February 11, 2014 to the judgment on the facts charged in the instant case. Since this court permitted this, the judgment of the court below was no longer maintained.

Therefore, under the following, I first decide on the facts charged in the trial, and then decide on the mistake of the remaining facts and misapprehension of the legal principles of the defendant.

A. From February 11, 2014 to March 10, 2014, the Defendant: (a) taken advantage of the cell phone (L) and Kakao Kakao Kao Stockholm, a member of the said CKapet at an insular location from February 11, 2014 to March 10, 2014, the summary of the revised facts charged, “B has flown away the Ma mother’s locked position on the day immediately before the public trial day.

It is not a fact, but a side of it; and

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