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(영문) 서울중앙지방법원 2016.05.13 2015노4875

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no misunderstanding of the facts or misunderstanding of the legal principles, the Defendant had expressed a desire for a police officer, the first instance judgment erred by misapprehending the facts or by misapprehending the legal principles as to the offense of insult, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the first instance court (the penalty amounting to KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court’s judgment on the assertion of mistake of facts or misapprehension of the legal doctrine, namely, ① The damaged person E is a victim, with a large sound to the extent that the Defendant could hear.

In light of the consistency and the physical strength of the statements made by the victim E, the statement is reliable, and there is no reasonable ground to reject the credibility of the statements made by the victim in light of the following: (a) the victim was arrested at the time of the investigation; (b) while the victim was arrested at the time of the investigation, there is no reasonable ground to reject the credibility of the statements; (c) the victim was arrested at the time of the investigation to the effect that the victim was able to do his/her behavior continuously due to the use of his/her head by driving away his/her patrol while booming his/her head; and (d) the victim’s testimony cannot be rejected without reasonable grounds.

“A person who wishesed to engage in such activities.”

In the first instance court, the first instance court made a statement that she was flick as a mixed standard.

A statement was made, and in the trial, it was not possible to say that the Abdones itself was not made.

In full view of the fact that there is room for doubt as to the credibility of the statement, such as the statement, etc., the Defendant insultingd the victim as shown in the instant facts charged.

It is reasonable to view it.

Therefore, the defendant's above assertion is without merit.

B. The instant crime of determining the illegality of sentencing is the police officer dispatched upon receiving the report.