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(영문) 대구지방법원 2018.07.27 2018노239

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any misunderstanding of facts and misapprehension of legal principles as to the facts charged, and even if so, took such a bath.

Even if there was no possibility of radio waves, it is difficult to recognize performance.

However, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, 1) The following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court, i.e., the Defendant consistently expressed the victim’s desire as stated in the facts charged from the investigative agency to the lower court.

At the time of the instant case, the victim made a statement, and the victim took the desire to make a report call to 112, and ② the employee I working in theO located in the place where the instant accident occurred, who was in the investigative agency and the court of the court of the court below, expressed that “the Defendant took a bath to the victim as “the victim of this weather, this year,” in the investigative agency and the court of the court of the court below.

(3) The Court of Justice operating theO states that “The Defendant has made the statement to the victim during this year,” and that “The Defendant intended to enter the victim,” in the court of original instance.

The statement "," 4 in the court of the court below, H expressed the victim's "the victim" in the year of bitbitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bit, and the O employee appeared above.

The statement "," and 5 K did not hear the defendant's desire in the court of original instance.

They have returned to the fighting with other tasks.

“A witness made a statement,” but on June 15, 2017, the witness was unable to say that he/she was aware of what he/she and the victim expressed in the same manner that he/she would have expressed his/her desire.

“.....”