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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2014.07.18 2014노362
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) misjudgment of facts stated in the facts charged merely stated that the victims from singing from the Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing

B. The lower court’s sentence of an unreasonable sentencing (fine 2,00,000) against the Defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, when considering the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the appellate court should not reverse without permission the first instance court’s judgment on the ground that the first instance court’s determination on the credibility of the statement made by a witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous in light of the evidence duly admitted by the first instance court and the evidence duly examined by the first instance court, and that the first instance court’s determination on the credibility of the statement made by a witness of the first instance is clearly unreasonable in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate court (see, e.g., Supreme Court Decision 2011Do5313).2

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