logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.08 2016노768
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the insult of the facts on July 7, 2015, the Defendant expressed the victim’s desire as stated in this part of the facts charged. However, the offense of insult is an offense subject to victim’s complaint which may be prosecuted only upon the victim’s complaint. Since the victim had cancelled the complaint against the Defendant regarding this part of the facts charged prior to the institution of public prosecution, this part of the indictment should be dismissed, and the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.

2) As to the insult on August 16, 2015 and insult on August 26, 2015, the Defendant took a bath to the victim as stated in this part of the facts charged. However, at the same time, there was no possibility of spreading only one security guard working together with the victim, as well as the Defendant and the victim.

The judgment of the court below which found all of the facts charged guilty on different premise is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of suspended sentence in six months) is excessively unreasonable.

2. Determination

A. Judgment 1 on the assertion of misunderstanding of the facts or misapprehension of the legal principles 1) The summary of the facts charged in the instant case is the machinery and electrical engineer of the said apartment management office, who is the representative of the C Apartment 705 representative interest occupant, and the victim.

A) On July 7, 2015, the Defendant insultingd on July 7, 2015, at the above apartment management office around July 21, 2015, the Defendant told the Defendant that he “D” was “D”.

misunderstandings the victim at the location of the victim's personnel E, F, etc. in other management office personnel E, F, etc., the victim "I am the same son such as sick, pregnant, divided son, E, E, E, E, E, E, E, E, E, E, E, E, E, E, E, E, E, E, E, I am:

arrow