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(영문) 서울중앙지방법원 2013.04.04 2013노448
모욕
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles were not able to take a bath, the victim E’s statement is not reliable, and the victim E’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’t

Nevertheless, the court below found all of the charges of this case guilty, and it erred by misunderstanding of facts and misunderstanding of legal principles that affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination:

A. In full view of the following circumstances, which are recognized by the court below as being comprehensively admitted and examined on the assertion of mistake of facts and misapprehension of legal principles, i.e., the defendant: (i) recognized that he had expressed a desire at the investigation stage (No. 11-12 pages of investigation records); and (ii) the victims have consistently expressed that they had expressed their desire to commit the crime from the defendant; and (iii) the witness of the court below and the F have made statements corresponding thereto, the defendant may sufficiently recognize the facts that he expressed a desire to the victims as stated in

In addition, in light of the circumstances leading to the instant crime, the means and method of the crime, the criminal defendant’s behavior before and after the crime, the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions at the time of the instant crime.

It does not seem that there was or was a weak state.

Therefore, this part of the defendant's assertion is without merit.

B. Although the victims want to punish the defendant on the assertion of unfair sentencing, the crime of this case was committed by the victims, who were the police officers called upon by the defendant's report due to the dispute with F, and both the defendant and F were subject to criminal punishment, and the victims were assigned to the patrol box by the defendant.

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