(영문) 광주지방법원 2018.01.17 2017노4006 | 리걸엔진

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(영문) 광주지방법원 2018.01.17 2017노4006

모욕

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant, at the time of the instant case, had a dispute with the victim C (hereinafter “victim”) as a matter of money transaction, and there was a lot of people as stated in the facts charged, whether the victim “dys with the people to whom the horse race track belongs,” and whether the victim “dys with the people to whom the horse race track belongs,” as indicated in the facts charged;

Does this Chewing year, Domina, Domina, Domina, have been placed in a horse race track to see whether they would have been raised if they were accused of them;

There is no fact that the phrase "I" was called "I".

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, including the witness’s statement at the lower court’s court’s court’s trial as to the Defendant’s assertion of mistake of facts, whether the Defendant, on April 1, 2017, at the fourth street street of Jinju-dong, Gwangju-gu, about April 13:40, in which many unspecified people exist, engaging in a dispute as a matter of money transaction, and the Defendant, while making the Defendant’s “hin-gu, Dok-dong, Dok-dong-dong-dong-dong-gu

Doing this Chewing year, whether it has been extended to a horse race track to make it possible to know if it was accused of the Dominianian;

The defendant's assertion of mistake of facts is without merit, since the fact that the defendant stated "I" can be fully recognized.

B. Determination of the unfair argument of sentencing by the defendant and the prosecutor is an old and without any record of criminal punishment exceeding the fine. It is more favorable for the defendant to have no agreement with the victim until the trial of the party.

In addition, there are no special circumstances or changes in circumstances that can be considered newly after the sentence of the lower judgment.

유사 판례

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