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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.02.16 2015노3584
모욕
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the judgment of the court below, did not wish the victim to the effect that “I will see whether I will go to the same representative.”

Defendant merely stated to the effect that “I have find, I have find,” and that “I have find, I have find,” which was on the day of the instant case.

shall also be confirmed by the E’s statement.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court as to the assertion of mistake of facts, it is clearly recognized that the Defendant expressed the victim’s desire as stated in the lower judgment, thereby openly insulting the victim.

(1) A victim is consistently making statements from an investigative agency to the court of competent trial.

(2) At the same time,

E In a written statement submitted to an investigative agency (hereinafter referred to as “written statement of investigative agency”), the Defendant expressed the victim’s desire as stated in the judgment of the court below.

The statement which was submitted to the court below (hereinafter referred to as the "written statement of the court below") was insufficient to hear the defendant's desire to have the victim.

was stated.

After that, E appeared as a witness on the third trial date of the trial of the first instance, and testified to the effect that the contents of the written judgment of the court below are consistent with. On the fourth trial date, E testified to the effect that “The facts are consistent with the content of the investigative agency’s written statement, the written judgment of the court below was prepared differently from facts according to the Defendant’s request, and the contents of the testimony made on the third trial date are false and punished.”

In light of the relationship between E and the defendant and the victim, the testimony at the fourth trial date of E's investigative agency and the fourth trial date is credibility.

(3) At the time.

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