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(영문) 서울중앙지방법원 2015.09.10 2015노1920

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts or legal principles);

A. The recorded files produced by the lower court as evidence of guilt are inadmissible.

The above recording file was fabricated as if the defendant intentionally expressed his desire to the police officer, but he expressed his desire to do so by the voice of the defendant.

B. The act of the performance accused prior to the arrest of the flagrant offender does not constitute a crime of insult due to lack of performance.

In other words, the defendant was only able to hear only the victim in the vehicle, but he was able to arrest the victim in the act of committing the crime on the ground that the victim was able to hear.

On the other hand, arrest of the criminal in the act of crime on the ground of the defendant's abusive view without performing the duty of public performance is illegal, and subsequent abusive behavior constitutes self-defense against illegal arrest.

2. Determination

A. Comprehensively taking account of the following circumstances of the recording file which was reproduced and heard by the trial court, it cannot be deemed that there is a circumstance under which the recording file is suspected of manipulating or admitting evidence as claimed by the Defendant.

(1) In the recording file, not only the voice of the victim who was driven by the defendant and the victim who controlled the recording file, but also various sounds are mixed, such as the noise of surrounding vehicles or the ozone part, the voice of the person who was controlled immediately after the defendant.

② The size of the voice in which the Defendant and the victim talked with the Defendant was not significant at the first time. However, the Defendant, rather than accepting the Defendant’s request that the Defendant continues to engage in, said, rather than accepting the victim’s request, appears to be somewhat small voice, saying, “Ne bit of a bit of a bit of a bit of a bit of a bit of a bitus

③ After the Defendant’s somewhat small voice, the victim issued a penalty notice to the Defendant on his/her business affairs, and at the same time, the Defendant came to know the Defendant’s voice.

Magro-mar arb

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