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(영문) 서울남부지방법원 2013.12.26 2012노1382
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant has not committed an insulting act like the entries in the facts charged in the instant case.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

(b) A mental and physical household affairs not related thereto;

Even if the Defendant had a mental disorder under the influence of alcohol at the time of committing the instant crime.

Nevertheless, the court below committed an unlawful act that misleads this.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant, as stated in the facts charged in the instant case, may be sufficiently recognized that the victim E, a police officer, openly insultd the victim by openly talking with a large voice, such as “the Chewing and spares will ear back to the police?” and thus, this part of the defendant’s assertion is without merit.

B. As to the assertion of mental disorder, it is not recognized that the Defendant had the ability to discern things or make decisions at the time of the instant crime, and that part of the Defendant’s assertion is without merit, in light of various circumstances indicated in the record, such as the circumstances leading up to each of the instant crimes, the behavior of the Defendant before and after the instant crime, the degree of memory of the Defendant, and the Defendant’s statement attitude against the Defendant at the time of interrogation of the police, even though the Defendant was deemed to have drinking at the time of the instant crime. Thus, this part of the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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