(영문) 서울동부지방법원 2017.09.01 2017노132

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(영문) 서울동부지방법원 2017.09.01 2017노132

모욕등

Text

The judgment below

The guilty portion shall be reversed.

Of the facts charged in the instant case, the insult is acquitted against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. In full view of the following circumstances, the Defendant’s grounds of appeal (as to the conviction part in the judgment of the court below) 1) misunderstanding of the facts and misapprehension of the legal principles, the court below erred by misapprehending the facts or by misapprehending the legal principles, although the evidence of this case alone cannot be recognized as having insulting the victim as stated in the facts charged, thereby finding the Defendant guilty

(1) The Defendant did not make a statement to the same effect as “Yinawa and Yawawa,” to the victim.

② A person who was able to hear the horses of the Defendant and the victim around the Defendant and the victim is the only J. The J did not have the possibility of spreading the horses of the Defendant, and therefore there is no performance in the Defendant’s act

(3) When the defendant speaks as the facts charged, he/she made the same remarks as the facts charged.

In light of the above process, the Defendant’s act cannot be deemed as going against the social norms in light of the fact that the Defendant’s act did not go against the social norms.

2) The punishment of a fine of KRW 500,00,000 sentenced by the lower court is too unreasonable.

B. The Prosecutor’s grounds of appeal 1) Regarding the charge of obstruction of business among the facts charged in the instant case, the evidence of this case reveals that the Defendant’s act at the time constitutes a crime of obstruction of business, and that there was an intentional negligence of obstruction of business, but the lower court erred by misapprehending the facts and thereby acquitted the part of the facts charged.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The summary of the charges concerning insult is the president of the F Dental Hospital in the fourth floor of the building in Gwangjin-gu Seoul Special Metropolitan City E-gu.

The defendant around 18:30 on December 16, 2015 at G 3rd floor in Gwangjin-gu, Seoul.

유사 판례

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