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(영문) 수원지방법원 2018.04.19 2017노6952
모욕
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A did not have told the victim that “low female A had a hyke quality.”

B. The lower court’s punishment against Defendant B (the amount of KRW 500,000) on Defendant B is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding Defendant A’s assertion of misunderstanding of facts, namely, ① the witness E of the first instance court directly talked with Defendant A’s attempt to finish his/her work at the court of the lower court, stating that “low female she had the quality of a hys.”

At the time of the investigation by the investigative agency, the above statement was made, and ② at the court below, the witness G of the original trial witness showed that the defendant A referred to the defendant A in the form of “the author is the Doar.”

The above statement was made, and it was difficult for E and G to find out the grounds for false testimony by gathering Defendant A at the time of investigation by the investigative agency, and ④ The above Defendant recorded his cell phone meetings at the time of the instant case, but the above Defendant did not make any such statement since the contents as indicated in the judgment of the court below were not recorded. However, the fact that the contents of the above recording file were large enough to hear and did not simply contain the same contents as indicated in the judgment of the court below that Defendant A did not make any statement as described in the judgment of the court below.

It is difficult to readily conclude, ⑤ The witness M of the trial court stated that there was no statement from the trial court to the part of Defendant A to the part of Defendant E, but the meeting room did not see Defendant B, and Defendant B and the victim did not w at the meeting room.

In full view of the fact that it appears that the defendant did not witness the entire situation at the time of the instant case, it is recorded in the judgment of the court below in E at the date and place stated in the judgment of the court below.

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