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(영문) 창원지방법원 2014.05.15 2013노2368
모욕
Text

The defendant's appeal is dismissed.

The costs of trial in the trial shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal did not have the Defendant expressed a bath to the victim E (hereinafter “victim”) who is a slope belonging to the Jinju Police Station D District Unit, but the lower court found the Defendant guilty of the facts charged in this case. Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim has consistently made a statement from the investigative agency to the court of the court below to the effect that the victim expressed the victim’s desire to do so, and ② the defendant also made a bath in the presence of the victim in the investigative agency and the court of the trial, but the defendant also testified that he was made to the victim’s friendship C, which is part of the victim’s statement, it can be sufficiently recognized that the defendant made a bath to the victim as stated in the judgment of the court below, and the statement by the witness G of the court of the trial does not interfere with the recognition of the above criminal facts, and there is no other evidence to reverse this, and

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the charge of litigation costs incurred by the trial pursuant to Articles 191(1), 190(1) and 186(1) of the Criminal Procedure Act.

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