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(영문) 대전지방법원 2015.06.18 2015노851
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) did not make a statement as to each of the facts charged in this case to the victim, but all of the facts charged in this case are found guilty. In so determining, the court below erred by misapprehending the facts and affecting the conclusion of the judgment

2. The following circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by the lower court. ① The victim consistently stated that the Defendant, who had consistently been using the same room in the prison until the lower court was the court’s court’s court, stated on April 17, 2014 to the effect that the Defendant “Ktok Ha” was “Ktok Ha”, and on May 12, 2014, the victim stated that the Defendant “htok” was “h” (record 67-69, page 5-9, page 17, page 5-9, page 17, page 17, the record of the public trial), the statement about the damage was specific and detailed, and the statement about the situation appears to be reasonable; ② At the time of the instant crime, G and E, who used the same room in the victim and the prison, also made some statements consistent with the victim’s assertion (the lower court’s judgment did not err by publicly misunderstanding or misapprehending the victim’s credibility of evidence list, evidence inspection result, etc.).

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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