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(영문) 서울북부지방법원 2015.08.20 2015노447

모욕

Text

Defendant

B All appeals filed against the Defendant A by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against Defendant B (a fine of KRW 300,000) is too unreasonable.

B. In full view of the following facts: (a) Defendant A consistently stated from the investigative agency to the original trial court that Defendant A had consistently expressed the victim’s desire to “the same young child,” etc.; and (b) Defendant A did not have any conflict with the victim prior to the instant case; (c) Defendant B and the victim, who is the child of Defendant A, were in a situation where Defendant B and the victim take a bath each other; and (d) Defendant A could sufficiently be sufficiently recognized that Defendant A had a motive to take a bath for the victim, as described in this part of the facts charged, the lower court acquitted Defendant A of this part of the facts charged, by misapprehending the facts, and acquitted Defendant A of this part of the charges.

2. Determination

A. The judgment on the grounds of appeal by Defendant B is divided in depth with the recognition of Defendant B’s mistake and without the power to commit the instant crime, and there are some circumstances that may be somewhat taken into account the motive and circumstances of the instant crime. However, the instant crime by Defendant B appears to be a fine of KRW 500,00,00 under a summary order in consideration of the aforementioned circumstances, including Defendant B’s mother, and Defendant B’s age and personality and behavior, and the following circumstances: (a) Defendant B’s misunderstanding that the victim E was at the time of Defendant A, the mother of the Defendant, and the other residents are hearing; (b) Defendant B had a much much more age than the Defendant’s age at the time of her mother; (c) it was good for the Defendant to take advantage of his desire to undergo the test; and (d) the Defendant B’s desire to take advantage of its character and character; and (c) it was bad that the crime was committed; (d) the lower court already committed a fine of KRW 300,00,00 under the summary order.