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(영문) 서울북부지방법원 2019.09.26 2019노1115

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) victim D did not go against the defendant's shoulder, and instead, the victims expressed their desire first to the defendant, which led the victims to take a bath. As such, the defendant took a bath to the victims in an illegal situation caused by the victims as above, the prosecution of this case should be dismissed as in the same manner as the crime caused by the naval investigation is committed.

2. The judgment of the court below on the grounds for appeal is consistent with the following circumstances acknowledged by the evidence duly examined by the court below, i.e., ① the victims walking along the paths at the time of the instant case, i.e., (a) the victims D and the Defendant were faced with and went beyond the victim D, and the Defendant consistently stated to the effect that the instant accident occurred. The victim D actually visited the hospital and received the diagnosis, ② the Defendant and the victims were unaware, and the victims were not aware, and it is difficult to understand that the victims were salvous and fake to the Defendant, even though the victims did not know about the above accident, and (b) it is difficult to understand that the victims were salved and the Defendant was salved, considering the reasons alleged in the grounds for appeal and the written appeal, and (c) there is no objective circumstance to suspect that the victims had induced the victims to feel the Defendant’s desire, and thus, the instant prosecution cannot be deemed unlawful.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

However, the “E” of the first lower judgment is a clerical error of “F”.