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(영문) 수원지방법원 2016.04.21 2015노5500
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the Defendant posted a summary of the grounds for appeal on the Internet website through which many and unspecified persons can access to the same, to the effect that the Defendant had an intent to allow an unspecified number of people to spread a content that would undermine the social evaluation of the complainants;

As such, at least there is a willful negligence of insult against the defendant.

Although the court below found the Defendant not guilty of the facts charged of this case, it erred by misapprehending the legal principles or misunderstanding the facts.

2. The lower court determined: (a) the Defendant exceeded the line to be crossed out of the line under the original text written in the instant facts charged (hereinafter “the instant facts charged”).

In addition to "E", the title of the notice was written as "E", and the defendant has exceeded the line that will not go beyond the line with the original author while referring to the original author.

The phrase “I am to file a complaint” appears to be written in the meaning, and ② the Defendant’s charge b. In this article, the term “I do not wish to do so individually” is written below the closure of the instant charge.

A. The Defendant did not make a personal complaint against the original author in addition to the contents of the notice posted in “W” and 23 minutes prior to the posting. In addition, the Defendant did not make a personal complaint against the original author.

The lower court acquitted the Defendant of the instant facts charged on the ground that, when receiving police investigations, it can be sufficiently interpreted that the notice may be written in a sense that “masts and girls” was written.

In addition, each of the following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., the defendant consistently posted each of the above comments in order to prevent the complainant from citing the original writing’s insulting expressions, in mind, from the investigation agency to the court of the trial of the party.

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