beta
(영문) 춘천지방법원 2018.04.20 2017노568

모욕등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, at the time of filing the appeal, was the owner of the building in which the Defendant was living, and the citizens and the people living in the civil and criminal lawsuit, who suffered from the pain from the surrounding people, and was damaged by smelling food at the I restaurant operated by the victim, and the Defendant complained of the pain.

The court below's assertion that the court below's determination is based on the misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing.

2. Determination of the misunderstanding of facts and misapprehension of the legal principles is an issue of insult 2016. 531. The defendant, among witness witness D, who had been living in the room near the place where he had openly resided in the same building, and the victim C, who had been living in the same building, shall be sufficiently recognized by each victim’s legal statement.

In the case of 2016 and 532 cases involving interference with duties and assault, the Defendant interfered with his duties by smelling food in I cafeteria and scambling, etc., and the fact that the Defendant assaulted on two occasions the shoulder of the victim J is recognized by the victim J’s legal statement, H and N’s respective legal statements, and CCTV images at the time of committing the crime.

In the case of 2016 and 562 cases involving insult against police officers, it is recognized that a witness was openly insulting and insulting to police officers by means of the police officer K and M’s legal statement, images containing a boom for the victim’s abusivement to police officers, etc., which were dispatched at the time.

Therefore, there is an error of misunderstanding the facts as alleged by the defendant in the court below.

subsection (b) of this section.

On the other hand, the Defendant committed the aforementioned acts with the intent to oppose the Defendant’s damages.

The defendant's act of protecting himself/herself by setting up against illegal infringement even after examining the circumstances leading to the above crime, the relationship between the victims and the defendant, and the circumstances before and after the crime.