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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2017.08.11 2017노838
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not enable the victim to take a bath as stated in the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim, after first submitting the written complaint, and up to the court of the court below, expressed the victim’s desire to read “the victim must write in this title,” and “this son” to the victim.

The situation is consistently stated; ② The victim, as the police officer did not know at all before the Defendant, has no motive to dismiss the Defendant; ③ The taxi engineer D, which was at the dispute scene between the Defendant and the victim, did not memory, but did not desire the victimized person to the Defendant.

G consistently stating the fact that the defendant and the victim have consistently observed the dispute situation, also "the defendant has committed a high-tension behavior with the police test" and "the defendant is a police officer" against the victim.

In light of the fact that the instant case was observed at a considerable distance, G seems unlikely to accurately hear the voice of the victim, and 5, both the victim, D, and G were under the influence of alcohol.

As consistently stated, in full view of the fact that the defendant is highly likely to be unable to properly memory the situation at the time of the instant case, the defendant can fully recognize the fact of insulting the victim, such as the facts charged.

Defendant’s assertion is without merit.

3. The defendant's appeal for conclusion is without merit and Article 364 of the Criminal Procedure Act.

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