(영문) 서울북부지방법원 2013.10.02 2013노827

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2013.10.02 2013노827

모욕

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below which acquitted the defendant of the facts charged, despite the fact that the defendant made a statement as stated in the facts charged and openly insulting the victim, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. On October 2, 2012, at around 23:35, the Defendant had driven and driven D vehicles on the one-way traffic route in Jung-gu Seoul Metropolitan Government, Jungdong-gu, Seoul, for the reason that the slopeF affiliated with the Seoul Jungdong Police Station Epis suspended and guidances on the vehicle, the Defendant sexually insultingd the victim on the ground that 5 persons, including G, listened to the victim.

3. The lower court determined that: (a) although F and H appeared in the court of the lower court and made a statement that the Defendant took a bath while five persons, including G, attend the court of the lower court; (b) F is the victim; (c) H is the victim; (d) in a considerable dispute between the Defendant and the victim at the time of the instant case, it is difficult to believe the statement; (b) the statement of I was made by the public prosecutor as follows; (c) it is not only different from the statement of F and H, but also inconsistent with the facts charged, since they were the Defendant’s desire; (c) even if I’s statement is consistent with the statement of F and H, I is not aware of the victim or the Defendant; and (d) H is the Defendant’s compensation and thus there is no possibility of spreading it; (e) H is the victim’s compensation; and (e) the evidence submitted by the public prosecutor, other than the statement of F, F, H, and I, is insufficient to recognize the facts charged.

4. On the other hand, according to the evidence duly adopted and examined by the court below, the police vehicles of the victim who was engaged in patrol and freight cars driven by the defendant at the time of the instant case are one-way roads.

유사 판례

-서울북부지방법원 2013.06.20 2012고단1004

-수원지방법원 2012.08.30 2012고정1304

-청주지방법원 충주지원 2013.05.01 2013고정61

-수원지방법원 성남지원 2015.01.30 2014고정1610

-광주지방법원 2015.08.20 2015고정71