logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.02.13 2019노2131
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (Definites) is as follows: (a) the contents of the photograph taken on the instant Kakakao Stockholm message screen may undermine the social assessment of the victim’s personal value; and (b) the Defendant may at least be aware of the victim’s insult, but the lower court erred by misapprehending the facts and thereby acquitted the Defendant.

2. In full view of the circumstances as indicated in the reasoning in the record, the lower court determined that it is difficult to view that the evidence alone submitted by the prosecutor alone had the intent to insult the victim, without any reasonable doubt, and that the Defendant was acquitted.

In addition to the circumstances indicated by the lower court, the Defendant sent the Kakao Stockholm message to B on June 5, 2018, namely, at around 13:04, the following circumstances: (a) immediately after the Defendant sent the instant Kakao Stockholm message to B, i.e., “H” (referring to “H”) sent the Kakao Stockholm message to the Kakao Stockholm with the nesnes; (b) on the same day, at around 14:10 on the same day, the Defendant sent the Kao Stockholm message to C and immediately after the transmission of the instant Kakao Kao Stockholm message, “The Defendant sent the Kao Kao Stockholm message with the 1st anniversary of the J year’s sending it to B and C (Evidence No. 30 of the evidence record).” In so doing, the lower court did not err by misapprehending the legal doctrine as seen above, by misapprehending the legal doctrine.

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

arrow