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(영문) 서울서부지방법원 2016.12.22 2016노927
모욕
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant 1 did not wish Defendant D as stated in the facts constituting the crime of the lower judgment.

Shebly, even if the Defendant took a bath to D as stated in the facts of the crime of the lower judgment, insofar as there were several residents of the neighborhood meeting at the time, it cannot be said that the Defendant’s act constitutes a crime of insult, which constitutes the elements of the crime of insult.

Secondly, even if the charge of this case is found guilty, the sentence of the court below (the fine of KRW 500,000) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, first of all, on the assertion that the Defendant did not have expressed a victim’s desire, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the victim, as consistent in the police and the lower court court’s judgment, stated that the Defendant had expressed a desire to do so as to be stated in the facts constituting the crime of the lower judgment. At the time of the neighborhood meeting, the circumstances in which the victim explained the agenda, the circumstances in which the Defendant had expressed the victim’s desire, the details of the Defendant’s desire to do so, the circumstances in which the Defendant had expressed the victim’s desire, and the response of the residents in the neighborhood meeting at the time, are specific and natural, and credibility; ② the contents of each statement in the lower court E, F, and the lower court’s court’s court’s trial, which were accompanied by the Defendant, along with the victim, correspond to the contents

D. Following the argument that there was no performance of the Defendant’s statement, according to the evidence duly adopted and examined by the court below, the Defendant takes a bath to the victim as stated in the facts of the crime in the judgment below.

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