모욕
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant had no desire for the victim as stated in the facts charged.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination
A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the credibility of the statement should be assessed in light of the following: (a) whether the content of the statement itself conforms to the logical rationality or empirical rule; (b) whether the statement conforms to the witness evidence or a third party’s statement before and after taking an oath of a judge; and (c) the appearance or attitude of the witness who is entering the witness in the open court after taking an oath; and (d) whether the witness’s statement was credibility after directly observing various circumstances that make it difficult to record in the witness’s statement, including a penation of the statement, should be assessed (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2012Do2631, Jun. 28, 2012; and (b) whether the statement conforms to the witness’s testimony in the witness’s statement made in the open court (see, e.g., Supreme Court Decision 201207Do1781.).
In full view of the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the credibility of the statement made by the witness of the first instance trial is examined.