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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.06.09 2016노3809
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to the violation of the Punishment of Minor Offenses Act concerning dumping, such as garbage, among the facts charged in the instant case, there is no spitation or dumping of tobacco without permission.

2) As to the insult of the facts charged in the instant case, the Defendant did not have expressed any desire to the victim E.

(2) Even if the defendant expressed his desire, the defendant would have expressed his desire.

Even if the victim's illegal arrest of the victim in the act of crime was made in the process of protesting against the infringement of the victim's body, the illegality is dismissed as it constitutes a legitimate defense.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the court below and the court below as to the violation of the Punishment of Minor Offenses Act on dumping such as garbage, etc., determination 1 on the assertion of misunderstanding of facts or misapprehension of the legal principles, the fact that spits or spits, etc. thrown down tobacco on the floor as stated in the judgment below 1-B, etc. on several occasions, can be sufficiently recognized as violating the Punishment of Minor Offenses Act.

Therefore, the defendant's assertion that this part of facts is erroneous is without merit.

2) According to the evidence as seen earlier, ① the victim was dispatched after receiving a report on the same act as stated in paragraph (1) of the criminal facts in the judgment of the court below, ② the victim demanded the defendant to present an identification card on the charge of violation of the Punishment of Minor Offenses Act. As the defendant collected tobacco that he saw, and failed to comply with the victim's request for an identification card on the roadside, as stated in paragraph (2) of the criminal facts in the judgment of the court below, the victim started to take a bath to the victim (the victim was present in the court of the court of the court below as a witness before photographing the situation at the time of mobile phone before the victim took a cell phone, and continued to take a bath after that time.

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