상해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, as stated in the facts charged of this case, did not impair the honor of the victim or inflict an injury on the victim.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misconception of facts.
B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s honor was damaged as indicated in the instant facts charged, and the injury was inflicted on the victim is sufficiently recognized.
Therefore, the court below's finding the defendant guilty of the facts charged is just and acceptable, and there is an error of law by mistake of facts.
subsection (b) of this section.
Therefore, this part of the Defendant’s assertion is without merit (the Defendant asserts to the effect that the date and time of the crime was not specified among the facts charged as to the defamation of this case).
However, the prosecutor specified the date and time of each defamation crime of this case to the extent that it can be distinguished from other facts in order to prevent the defendant from hindering the defendant's defense right based on the statements made by the victim and witness.
In the end, the above assertion by the defendant is without merit). ① The victim has consistently maintained from the investigative agency to the court below, and the defendant has damaged the honor of the victim as stated in the facts charged of this case, and has injured the victim.
was stated.
The above statements made by the victim cannot be found to be specific, particularly contradictory, or inconsistent with the rule of experience, and therefore, credibility exists.
(2) In addition, at the time of the instant bath together with the Defendant and the victim
G and F are present in the court of the court below as a witness, and “The defendant impairs the honor of the victim and injures the victim.”