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(영문) 창원지방법원 2014.02.13 2013노1735
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not constitute an insult as referred to in a crime of insult because the content recorded on the D homepage is not an expression of abstract judgment or sacrific sentiment that may undermine the social evaluation of the victim, and the Defendant’s above mentioned act is dismissed as a legitimate act that does not violate the social norms, and thus, the judgment of the court below convicting the Defendant of the facts charged of this case, which affected the conclusion of the judgment, is erroneous by misapprehending the legal principles as to insult or legitimate act.

2. In light of the judgment, the defendant and his defense counsel asserted the same purport as the grounds for appeal in this part, and the court below rejected the defendant's assertion by the defendant and his defense counsel in detail under the title of "decision on the defendant's and defense counsel's assertion". The judgment of the court below based on the evidence presented by the court below is just and acceptable even in the case of the trial, and there is no error of law by misunderstanding the legal principles as to insult or legitimate act, which affected the conclusion of the judgment, as alleged by the defendant. Thus, the defendant's assertion of legal principles is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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