Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal did not have any desire for the victim, and there was no possibility of dissemination because there was no possibility of communicating with the victim at the time.
However, the lower court determined that the offense of insult was established based on the victim, G and H statements.
2. According to the evidence duly adopted and examined by the lower court, the following circumstances are revealed.
1) The credibility of the victim’s statement was expressed to the effect that the defendant changed the payment date at the time, but the defendant could not change the company’s payment date uniformly, and that the defendant would receive a temporary payment if necessary, and the defendant expressed to the effect that he would use the temporary payment.
The Defendant stated (10 pages of the investigation record). The facts that the victim gave a provisional payment on May 15, 2016, which was the date of the instant crime (the 60th page of the investigation record), which was the date of the instant crime, are recognized (the 60th page of the investigation record). However, with respect to the reasons for finding the victim at the time, the Defendant stated that his body was omitted from the investigative agency (the 60th page of the investigation record) and that he was unable to receive a half of the wages from April 2016 at the lower court (the 32th page of the trial record and the 92th page of the investigation record).
The injured party did not have any idea to file a complaint against the accused immediately after hearing the abusive language, but thereafter, the accused filed a complaint against the injured party by changing the mind that the accused filed a petition.
In fact, the Defendant appears to continue to work until May 25, 2016 even after the instant crime. On June 27, 2016, the Defendant prepared a written complaint against the Defendant on June 28, 2016, immediately after having filed a petition with the branch office of the Gyeonggi Sports Ministry in the Ministry of Labor (the 90th page of the trial record and the 6th page of the investigation record). In light of this, the Defendant’s statement on the circumstances in which the Defendant intended to take a bath corresponds to consistent and objective circumstances.
2) After completing the operation of reliable vehicles of H and G statements.