(영문) 부산지방법원 2014.08.21 2014노426 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.08.21 2014노426

모욕등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (in relation to insult), recognized the fact that the Defendant expressed the victim’s desire to “Illand”, but at the same time, only the Defendant, the victim, and the Defendant was faced with, and the E, F, etc. was at a place that was not at the site or could not hear, and thus, the public performance of the offense of insult cannot be deemed to have been recognized. Therefore, the judgment of the court below which found the Defendant guilty of the offense of insult, is erroneous

B. On the ground that the Defendant’s act constitutes a legitimate act, the lower court acquitted the Defendant of this part of the facts charged on the ground that the Defendant’s act constitutes a lawful act, in view of various circumstances such as (i) the conflict and dispute between the Defendant and the victim, and (ii) the force of punishment imposed on the grounds that the Defendant and the victim committed an assault and injury even before, and (iii) the force of punishment was available on the day of the instant case, and thus, (iv) the Defendant’s act cannot be deemed a defensive act.

(2) In light of the relationship between the defendant and the victim, it is difficult to view that the statement of the defendant was made for the purpose of the public interest, and even though the victim could have widely known that he was sentenced to suspended sentence and sufficiently inferred the victim's purpose of impairing the victim's character and honor, the court below acquitted the defendant of this part of the facts charged on the ground that the defendant's act constitutes illegality under Article 310 of the Criminal Act.

2. Determination

A. (1) The lower court found the Defendant guilty of this part of the facts charged on the ground of the evidence indicated in its holding.

(2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court for the first instance judgment:

참조조문

-형법 제310조

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