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(영문) 의정부지방법원 2018.05.14 2017노3058
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor, the gist of the grounds for appeal can be acknowledged that the defendant made the victim’s statement “Crehion” to the victim, and this constitutes insult, and the evidence submitted by the prosecutor alone, despite the fact that the victim’s statement to the victim that could undermine the social evaluation of his/her personal value, constitutes insult, and thereby, the defendant insultd the victim as above.

It is not sufficient to recognize the recognition.

In light of the above, the court below acquitted the charged facts of this case, which affected the conclusion of the judgment.

The argument is asserted.

2. Determination

A. The Defendant was the victim D and the FF high school located in Hamyeong-gun E, both of which used the same room as a dormitory.

On August 2016, the Defendant publicly insultingd the victim of the instant golf practice in a golf practice course, stating that the victim was “spawn” while walking together with G, H, etc., a student of the same school after the golf exercise.

B. The lower court rendered a judgment that acquitted of the facts charged in the instant case on the grounds stated in its reasoning.

(c)

A thorough examination of the lower court’s judgment and the evidence duly admitted and examined by the lower court in light of all the circumstances revealed by the lower court. As such, the evidence alone submitted by the prosecutor alone that the Defendant publicly insultingd the victim by taking a bath to the victim.

There is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.

Therefore, the judgment of the court below that acquitted the facts charged of this case is justified.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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