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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. The defendant is not guilty of insulting the victim.
(b) guilty, even
Even if the court below's punishment (700,000 won) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined in the lower court’s determination as to the assertion of mistake of facts, the Defendant’s insult of the victim as stated in the facts constituting the crime in the lower judgment is recognized.
The defendant's assertion of mistake is without merit.
1) Each statement in the witness H, I’s investigative agency and court of the original instance is mutually consistent and concrete in the statement that the Defendant made against the victim, and the place, situation, etc. where such statement was made.
In particular, in light of the fact that the witness H and I are accurately specifying a person who was at the time of committing the crime by the defendant, the witness H and I made a false statement even when they assume the punishment for perjury.
It is difficult to see it.
2) The witness H and I’s statement is supported by a community resident’s statement (77 pages of investigation records) that there was a fact that the Defendant was not having the victim undergo the examination of “Domine, Madern”.
Although some village residents, including M testified in the trial court of the party, have no record of or memory against the defendant's insult.
Although statements are made, it is difficult to believe that there is a high possibility that the defendant and the victim have made such statements in the mind that they did not want to speak in disputes between the defendant and the victim in small villages.
3) Although there are circumstances in which the witness H did not clearly specify the date of the Defendant’s crime and stated that it was somewhat inconsistent, the Defendant’s insult of the victim several times may lead to confusion as to each insult date and time of insult by the witness, and the witness H stated in the court below after a considerable period has elapsed since the instant case was filed.