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(영문) 울산지방법원 2017.04.28 2017노42

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the insult, in light of the overall testimony of the victim, whether the defendant is raising disease or disease

“Along that the crime of insult was committed, the lower court acquitted the Defendant of this part of the facts charged, by misunderstanding the fact, on the ground that the hume and the hume “Chewing gue” were expressed in the hume and that the victim was fump of considerable maternity.

나. 폭행의 점에 관하여, 피고인이 피해자의 다리 부분을 걷어찼다는 점에 관한 피해자와 목격자의 주된 진술이 일치하고, 단지 폭행 발생 당시의 상황에 관한 부수적 차이 만이 있을 뿐이므로, 피고인이 공소사실 기재와 같이 피해자를 폭행하였음이 인정됨에도 원심은 사실을 오인하여 이 부분 공소사실을 무죄로 판단하였다.

2. Determination

A. As to the insult, the lower court’s judgment: (a) although it is recognized that the Defendant stated that “anywhere possible, our children grow and are raised,” as indicated in the facts charged, the Defendant’s evidence submitted by the Prosecutor alone is the same as “I am feas, four pets, or equal,” and the Defendant’s evidence submitted by the Prosecutor.

In light of the aforementioned circumstances at the time of the statement, the background leading up to the statement, the meaning and overall context of the statement, etc., the expression “batick” used by the Defendant is insufficient to recognize the fact, and there is no other evidence to acknowledge it, and in light of the overall context of the statement, etc., it is difficult to readily conclude that the expression “batick disease” used by the Defendant constitutes a crime of insult, even though it is an exceptional and indecent expression that may discomfore the other party, but it is difficult to conclude that it constitutes an expression of another party’s s

The decision was determined.

또 한 폭행의 점에 관하여, ① 피해자는 원심 법정에서, 피고인이 피해자에게 다가와 고함을 지르며 바로 허벅지를 발로 찼다고

The defendant stated that two adult male men and vagabonds are working for them.