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(영문) 춘천지방법원 강릉지원 2013.10.15 2013노256

모욕

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant is not insulting E, but insulting E, but insulting I.

The sentencing of the lower court on the grounds of unfair sentencing (the 500,000 won of fine) is too unreasonable.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① E has consistently made a statement from the police and the defendant at the court below that he had taken a bath, ② G has testified at the police that “E is not so,” ③ H has made a statement at the police that “E has taken a desire to take part in the report of E at that time,” ③ at the police station that “E has taken an desire to take part in the report of E at that time,” ④ at the police station, I stated “E has taken an desire to take part in the report of E at that time,” ④ at the police station that “E would have taken part in the report of E at that time, if E wanted to take part in the report,” ⑤ in full view of the following circumstances: (i) I may sufficiently recognize that the defendant was insulting; and (ii) on the basis of the statement of J and F, the statement of the defendant is insufficient to recognize that E was insulting; and (iii) there is no other evidence to prove this part of this part of the argument.

In light of the contents and circumstances of the instant crime, and the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and all other circumstances that serve as the conditions for the sentencing specified in the instant case, such as the circumstances after the commission of the crime, the lower court’s sentencing cannot be deemed to be too unreasonable. Therefore, the Defendant’s allegation on this part is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in the application of the law of the court below, it is clear that the "salin penalty" is a clerical error in the "fine", and it shall be dismissed ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.