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(영문) 서울중앙지방법원 2021.02.09 2020노3309

모욕등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution regarding insult of the facts charged in the instant case and sentenced the Defendant guilty of assault. Since the Defendant filed an appeal only against the guilty portion among the lower judgment, the dismissed portion of the instant public prosecution becomes separate and definite and excluded from the subject matter of the judgment of the lower court.

2. The summary of the grounds for appeal (misunderstanding of facts) Defendant did not assault the victim as stated in the facts constituting a crime in the judgment below.

3. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court, the fact that the Defendant committed an assault against the victim as stated in the facts constituting the offense in the lower judgment is sufficiently recognized.

Defendant’s assertion is without merit.

Although the victim's statement in the court of the court below is different from the statement in the investigative agency in detail, it is consistent and specific about the essential part, and it is believed in accordance with the contents of the recording file submitted by the victim to the investigative agency (hereinafter referred to as "recording file of this case").

The victim filed a complaint with the Defendant six months after the occurrence of the instant case. However, considering the fact that a female-friendly group of the victim was receiving demands from the Defendant at the time, the victim’s statement cannot be deemed as having credibility solely on the basis of such fact.

According to the recording file of this case, the Defendant appears to have shown very interest at the time of the instant case, and around 7:00, the victim’s new voice and voice are recorded along with his body fighting.

According to F’s statement in the court of the court below, at the time of this case, there were other customers in addition to the defendant and the victim, and F seems to have reported Rama.

In light of the fact that the degree of assault was not serious, and that F is not likely to have concentrated on the defendant, F.