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(영문) 울산지방법원 2019.07.04 2019노74
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of this case, the Defendant was in a state of mental disability or mental disability under the influence of alcohol.

B. misunderstanding of facts or misunderstanding of legal principles 1) Since only several police officers and only one employee were at the time of the instant case, the crime of insult is not established due to lack of performance. 2) Since the police officer’s desire to “nicking” did not take a bath to the extent that it would undermine the other party’s value, it does not constitute a crime of insult.

3) In order to establish the offense of insult, the victim should be specified. As such, the victim took a humping against the multiple police officers, who are not the victim at the time of the instant case, and thus does not constitute the offense of insult, as the victim is not specified.

2. Determination on the grounds for appeal

A. A. Around May 6, 2018, the summary of the facts charged was expressed by the Defendant at the “C” restaurant located in Ulsan-gu, Ulsan-gu B (hereinafter “instant restaurant”), under the influence of alcohol (hereinafter “instant restaurant”), the Defendant, who received a 112 report from his employee, and requested a police officer belonging to the Ulsan-nam Police Station D Zone D District of the Ulsan-nam Police Station, the victim called “I would like to have the victim go from the toilet.” On the part of his employees’ and other customers’ listening, the Defendant publicly insulting the victim by publicly insulting the victim “Ne I would like to write off from the toilet.”

B. The lower court found the Defendant guilty of the facts charged in full view of the Defendant’s legal statement, F, and E’s written statements.

C. In full view of the following circumstances, the judgment of the court below on the allegation of mental or physical disability 1 or the determination on the allegation of mental or physical disability, and the evidence duly adopted and examined by the court below, the defendant was at the time of committing the instant crime.

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