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(영문) 대구지방법원 2016.09.01 2015노5071
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (based on fact-finding) is as follows: (a) while talking about H at the time of the instant case about “Nemanium” to H, the Defendant only suspended the speech immediately, and (b) the person who could hear the conversation between the Defendant and H at the time of the instant case did not have any surrounding areas; (c) thus, the Defendant cannot be deemed to have committed a crime of insult against the Defendant.

2. Determination

A. At around 10:00 on October 8, 2004, the Defendant, while there are several persons, such as the employees E and F, in the vicinity of the entrance of Seogugu Daegu-gu C Co., Ltd., Ltd., the Defendant asked the Defendant for the reasons why the Victim G G’s children did not work on the day before the Defendant, saying, “Neman is only vine, Nemanman, Nemanman Ba,” and openly insulting the Victim’s mother, the mother of the said H.

B. The lower court found the Defendant guilty of the instant facts charged on the basis of each of the evidence indicated in its holding.

C. The following facts and circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below's decision, i.e., ① the defendant made a statement consistently from the investigative agency to the court below's court that there were several persons, such as E and F, as in the facts charged in this case, and ② the defendant also made a statement that "I am only at the court of the court below," and the defendant made a statement that "I am only at the time of the case, I am bad, I am bad, I am h, and I am h h," and the defendant made a statement that "I am at the court of the court below's decision, I am at the same time as the above statements in the court of the court below."

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