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(영문) 서울북부지방법원 2020.11.10 2020노960

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of each of the facts charged of this case in the absence of credibility of the victim’s statement B, which is consistent with the victim’s statement, by misunderstanding the facts against the rules of evidence or misunderstanding the facts in violation of the rules of evidence, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (the fine of 300,000 won) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (a) the victim has consistently stated the same damage as the facts charged in each of the instant charges (Evidence No. 5,15-16 pages); (b) D (Evidence No. 64,68 pages) and B (Evidence No. 64,68 pages) were present at the police; (c) D made a statement to the effect that, at the time of witnessing a crime described in paragraph (2) of the facts charged, a male (the defendant) saw the bicycle clor when she took a bath to the victim; and (d) B made a statement to the effect that the other male clor was able to stop the Defendant at the same time (Evidence No. 65 pages of the evidence record); (e) the Defendant stated that he was able to wear a hifflor at all times; and (e) the victim’s appearance was consistent with the victim’s statement to the extent that it was 2 or 3) the victim’s statement.