(영문) 수원지방법원 2015.07.09 2014노6784 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2015.07.09 2014노6784

모욕

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely instructed two apartment security guards, including D, to work at the time and place specified in the facts charged in the instant case, and made words such as the statement in the instant facts charged, thereby insulting E, the lower court found the Defendant guilty of the instant facts charged. In so determining, the lower court erred by misapprehending the legal doctrine

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. A. Around November 5, 2012, the summary of the facts charged, the Defendant openly insulting the victim E by stating that “The victim E shall not be the same year as the 103 representative, the year that the results of the 103 representative, and this year shall not be the same representative.”

B. The court below found the defendant guilty of the above facts charged after compiling the evidence in its judgment.

3. The Defendant’s judgment during the investigation process to this court did not insult the victim as stated in the facts charged in this case, and denies the above facts charged. As such, the facts charged in a criminal trial should be proven by the prosecutor, and the judge should find the Defendant guilty with evidence having probative value to such a degree that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the Defendant’s guilt, it should be determined with the benefit of the Defendant.

In light of the following circumstances recognized by the records of this case, it is difficult to believe that the investigation process of D, which is evidence corresponding to the facts charged of this case, and each statement in the court of original instance, was conducted at the time of the investigation process of this case, and the statement of the police and the statement of the complaint of this case concerning E were not entered at the scene

유사 판례

-수원지방법원 2015.08.13 2014노6113

-대구지방법원 2017.10.27 2017노1842

-서울서부지방법원 2016.06.16 2015노1985

-서울중앙지방법원 2014.12.19 2014노3500

-광주지방법원 2013.02.01 2012노1970