beta
(영문) 제주지방법원 2019.06.13 2018노629

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not intend to make a victim’s speech as stated in the facts constituting an offense in the judgment of the court below, and even if the victim was abused due to Defendant’s speech, this shall be punished in the process of leading the victim, and its illegality shall be avoided as it does not go against social rules. However, the court below erred by misunderstanding of facts or misapprehending of legal principles, which affected the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. 1) The victim made a statement from the investigative officer to the court of the court below that "the victim made a statement from the investigative officer to the court of the court of the court below that "the victim's statement about the situation or progress at the time of the case, the defendant's speech and behavior, the response of the victim, etc. is detailed and detailed, there is no provision that the victim's statement is unreasonable or inconsistent in itself, and it is consistent with the reasoning that "the victim's statement about the situation at the time of the case is frighten and fright, the same year as fright, the inside, and the same year as frighter, and the frighter." The victim's statement about the victim's speech and behavior at the time of the case, and the victim's response to the victim's statement is consistent with the witness's statement and statement at the court of the court of the court below." The victim's statement that "I can easily find out the same part of the defendant's statement as the defendant's statement in the case."