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(영문) 전주지방법원 2013.08.16 2013노585
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is true that the defendant insultingd the victim D, and there is sufficient evidence to support this, but the court below acquitted the defendant on the grounds that there is no proof of the above facts charged. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged seems to be a clerical error in the “Simsan City F” written indictment of this case, in around 15:00 on May 20, 2012, the Defendant appears to be a clerical error in the “Simsan City F”.

소재 피고인 소유의 공터에 피해자 D(이하 ‘피해자’라고 한다)이 차량을 주차시켰다는 이유로 동네사람들 3명 가량이 있는 위 장소에서 “야, 씹할년아, 썅년아 왜 차를 여기에 주차시켰어”라는 욕설을 하여 공연히 피해자를 모욕하였다.

B. The court below found the defendant not guilty on the ground that the defendant's statements made in the investigative agency and the court of the court below are hard to believe as they are for the reasons stated in its reasoning, and the evidence submitted by the prosecutor alone is insufficient to recognize them. Thus, the court below found the defendant not guilty on the ground that the facts charged in this case constitute a case where there is no proof of facts constituting a crime. In light of the records and thorough examination by comparing the reasons for innocence in the court below's judgment, the judgment of the court below is just and it is not erroneous in the misapprehension of the legal principles

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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