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(영문) 창원지방법원 2014.07.17 2014노1124
모욕
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The offense of insult of this case constitutes an offense subject to prosecution only upon complaint. Since the victim D and E cancelled the complaint against the Defendant on April 18, 2014, prior to the pronouncement of the lower judgment after the prosecution of this case, the lower court erred by misapprehending the legal doctrine, despite having to render a judgment dismissing the prosecution on this part of the facts charged, the lower court convicted the Defendant of all the charges of this case.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Examining the Defendant’s assertion of misapprehension of the legal principles in relation to the Defendant’s assertion of misapprehension of the legal doctrine, the offense of insult is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim’s complaint is filed pursuant to Article 312(1) of the Criminal Act. According to the records, the fact that the victim D and E revoked the Defendant’s complaint on April 18, 2014, prior to the pronouncement of the lower judgment after the prosecution of this case (20-2 pages of the litigation record) can be recognized. Thus, the prosecution against this part ought to be dismissed pursuant to Article 32

Nevertheless, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment, and in this respect, the judgment of the court below shall no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for reversal as above, and it is again decided as follows. (Inasmuch as each crime against the defendant whom the court below found the defendant guilty was sentenced to a single punishment on the grounds of a commercial concurrence, the whole judgment of the court below

Criminal facts

On September 3, 2013, the Defendant reported the assault at the 7080 Gowon-dong, Changwon-si, Changwon-si.

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