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(영문) 의정부지방법원 2017.01.12 2016노2107
모욕
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the judgment of the court below which convicted the defendant of the facts charged in this case is erroneous in the misapprehension of the facts and adversely affected the conclusion of the judgment, although the defendant had not expressed the victim's abusive intent

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the victim’s statement made by the investigative agency is specific and consistent to the extent that the victim’s statement was unable to be made unless the victim’s statement was directly experienced, and the circumstances leading to the occurrence of the falsity do not appear to exist, and thus, the witness D and E’s statement also correspond to the victim’s above statement. In full view of the following circumstances, the defendant can be recognized as having insulting the victim as stated in the facts charged of this case, and thus, the above assertion by the defendant is without merit.

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

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