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(영문) 춘천지방법원 2020.04.24 2019노36
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant has not insultd the victim D;

2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision as to the credibility of a statement made by a witness of the first instance court in light of the first instance court’s contents and the evidence duly examined by the first instance court, or the result of additional examination by the time of closing argument in the appellate court, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance is different from the appellate court’s decision (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendant asserted that the victim’s insult was not made by a witness of the first instance court, and the lower court, considering that the witness’s testimony and the witness testimony of the first instance.

Witness

There is no special circumstance to deem that the judgment of the court below was erroneous as to the credibility of the statement, and considering the results of the examination of evidence by the court below, it does not seem that maintaining the judgment of the court below is significantly unfair

The defendant's above assertion of mistake is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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