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(영문) 의정부지방법원 2020.12.17 2019노3250
모욕
Text

The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to a child care center contract, the Defendant was asked several times to the victim C (hereinafter “victim”) and confirmed that he/she was aware of the fact, and did not insult the victim.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the lower court and the first instance court as to the assertion of mistake of facts, the facts charged can be sufficiently recognized.

Defendant’s assertion of mistake is difficult to accept.

1) At the court of the court below, G testified that “I have observed the Defendant’s bath at the management office” in the court of the court below, “I have observed the Defendant’s bath to C. This is the same as the head of the management office, the chief executive officer, C’s chairperson, and the witness.” The Defendant stated that “I have expressed a talk to C. I obviously have expressed a desire (49,50,52 pages) of the trial record) at the court of the court of the court below, “I have observed the Defendant’s bath at the management office. I have expressed that “I have expressed a desire to me. I want to me. I will not see the prime round. I will not me we want to me.”

(공판기록 55쪽). 3) E는 경찰에서 ‘피고인이 C에게 “이년, 저년” 하며 입에 담지 못할 욕설을 하여 본인이 제지하였다.’는 취지의 진술서를 제출하였다(증거기록 7쪽 . E는 당심 법정에서도 ‘피고인이 관리사무소 안에서 C에게 욕설을 하였다. “야, 썅년아’ 이런 이야기까지 하였다. ”썅년, 씹할년" 그렇게 욕을 하였다.

G. The E and the accounting staff within the management office.

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