(영문) 부산지방법원 2016.04.08 2015노4003 | 리걸엔진

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(영문) 부산지방법원 2016.04.08 2015노4003

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case, although the defendant misunderstanding the facts did not make the victim B a statement that it was replaced by fraud, or not insult the victim, and the court below erred by misunderstanding the facts, which affected the conclusion of

B. The offense charged against the Defendant by misapprehending the legal doctrine is an offense subject to a victim’s complaint, and the victim only filed a complaint against the Defendant as defamation and did not file a complaint against insult. As such, the instant indictment is null and void in violation of the statutory provisions.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court as to the assertion of mistake of facts: (i) D made a statement that corresponds to the facts charged in the instant case in the investigative agency; (ii) did not conflict with the content of the statement; and (iii) did not hear the statement made by the victim and the statement made by the investigative agency to the victim; and (iv) did not hear the fact that “the Defendant was replaced by the victim.”

In light of the fact that it is difficult for the F to conceal the credibility of the statement made by D and the victim solely with the statement made by the F at the trial court to the effect that the Defendant was in very difficult condition at the time and that the Ctel 501 stated in the instant facts charged falls, and that it is difficult for the Defendant to conceal the credibility of the statement made by D and the victim, the fact that the Defendant publicly insultingd the victim as indicated in the instant facts charged can be sufficiently recognized.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of misunderstanding of legal principles, the complaint is effective as to the whole of the facts charged within the scope recognized as identical to the facts charged subject to the complaint.

2) According to the evidence duly adopted and examined by the lower court and the first instance court, the victim.

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