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(영문) 부산지방법원 2018.07.20 2018노946

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, did not want the victim to do so.

B. Sentencing, even if the Defendant was found guilty, the lower court’s punishment (one million won in penalty) is too unreasonable.

2. Determination

A. 1) In light of the difference between the first instance court and the appellate court’s method of evaluating credibility based on the spirit of substantial direct deliberation, the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the content of the first instance judgment and the evidence duly examined in the first instance court, and the evidence duly examined in the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009).

Based on the judgment of the court below, the charges of this case were convicted.

Examining the following circumstances acknowledged by the evidence duly admitted and examined by the court below in light of the legal principles as seen earlier, the court below's judgment convicting the Defendant of the facts charged in this case is just and acceptable, and contrary thereto, each of the statements of H and I by the witness H and I of the court below alone does not interfere with the recognition of the above facts charged, and there is no other evidence to reverse this.

The defendant's assertion of facts is without merit.

(1) The victim, from the investigative agency to the court below, hear the statements from the defendant, the details and the process of the victim's abusive opinion, and the contents of the abusive opinion from the defendant.