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(영문) 수원지방법원 2015.11.06 2014노5782

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have any misunderstanding of facts against the Defendant, at each date, time, place, and place of the facts charged, with the same bath as the stated in the facts charged.

B. Even if it is not an unreasonable sentencing decision, the punishment imposed by the court below on the defendant (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, that each of the statements from investigative agencies of the complainant D, G, and F to the court below is consistent with and consistent with the facts charged, and the statements from H, I, and E, which witnessed the instant case, are consistent with the above complainant's statements, and all of these statements are credibility in light of the existence of their credibility, it can be sufficiently recognized that the Defendant insultd the complainant by citing the intent of the contents such as the date and time stated in the facts charged in the instant charges, at each place and at each place indicated in the facts charged.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing was insulting on several occasions in a serious desire, and the part of his or her bathing theory contains the content of denying the complainant’s physical disability, which appears to have been subject to severe mental impulses, and thus, the complainant’s family members appear to have received serious mental impulses. The Defendant’s motive and circumstance of the instant crime, circumstances after the instant crime was committed, Defendant’s age, character and conduct, environment, etc., and other various circumstances, which are the conditions for sentencing as indicated in the instant records and arguments, are considered, and it is not determined that the Defendant’s sentence imposed by the lower court is too unreasonable.

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.