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(영문) 제주지방법원 2015.01.08 2014노284

모욕

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that at the time when the defendant takes a bath for the victim who is a taxi engineer, the defendant was working in the taxi rather than the victim's behavior, and the defendant was "public performance". Thus, the judgment of the court below is erroneous in the misapprehension of legal principles or erroneous in the misapprehension of legal principles.

2. The following circumstances cited by the judgment of the court below and records revealed by the court below, i.e., ① the defendant and the defendant were on board a taxi operated by the victim, i.e., only the defendant and the defendant Ha was on board, and the defendant stated at the police that Ha was on the ju of the taxi at the time of the instant case that Ha was on the police, and the victim was on board the police, while Ha was only on the Ha at the time of the instant case, it cannot be ruled out that Ha was on the h, and ② it cannot be concluded that Ha was likely to spread the defendant's abusive language to an unspecified or many unspecified persons solely on the ground that Ha was on the ground that Ha did not have any kind of relationship with the victim, etc.

The court below was justified in finding the Defendant not guilty of the facts charged in this case.

3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.