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(영문) 수원지방법원 2014.12.04 2014노3927

모욕

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: (a) in the case of both insults by one party to cover the case; (b) the other party filed a complaint and then filed a complaint with the other party late; (c) it is not proved that E was convicted of insults by the offense of insults against the defendant; (d) the defendant and E continued to be in a meeting of this case due to the conflict between the two parties; (e) it cannot be concluded that both of the witnesses have been aware of the form of conspiracys of E because they are paying attention to them; and (e) it cannot be concluded that the defendant was unable to hear the form of confusions of E; and (e) the witness, J, and K, who made a statement consistent with the defendant's vindications, could sufficiently recognize the fact of insults of E as described in the facts charged, but the court below acquitted the facts charged of this case, which affected the conclusion of the judgment, by misunderstanding the facts.

2. Determination

A. At around 21:00 on May 31, 2012, the Defendant, at the office of the council of occupants’ representatives located in Gwangju Apartment 8, a representative meeting is completed, and there is about 20 members, such as D, at the office of the council of occupants’ representatives located in Gwangju Apartment 8, and dispute over whether or not to pay 500,000 won of the number and 500,000 won of the number related to the adjudication on the relief of unfair dismissal by the chief of the office of full-time management office, and the Defendant publicly insulting E by stating “Woo-to-face” and “

B. The lower court determined that there were respective statements in the E’s accusation, E’s police and court room, F(F), G, F(Nam), H, and I’s respective factual confirmations, F’s police and court room, F’s statements in the lower court’s court, G, F(Nam), H, and I’s court room, and the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the date indicated in the facts charged in the instant case.