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(영문) 춘천지방법원 강릉지원 2015.07.16 2015노202
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not insult the victim as stated in the facts constituting a crime in the original judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant's assertion of mistake of facts is not accepted, since the defendant is recognized as insulting the victim as stated in the facts in the judgment below.

1) On November 15, 2014, E, the victim of the instant case, consistent in the investigative agency and the lower court’s court, stated to the effect that, around November 15, 2014, the Defendant publicly insultd the victim as described in the facts constituting the crime in the lower judgment. 2), at the time, F, a witness, deemed the Defendant to have expressed the victim’s desire at an investigative agency, and at the time, the Defendant was suffering from the examination color chain.

(54 pages) In addition, other witnesses stated that I would like to say that I would like to say that I would like to say that I would like to be tested by the investigative agency, and I would like to say that I would like to say that I would like to say that I would like to say that I would like to be tested (65 pages of the investigation record) and I would like to ask the police officer whether I would be assaulted by the defendant at the investigation agency (the 65th page of the investigation record) and I would like to say, "I would like to go on the police officer at the same patrol time, and that I would like to be arrested." Such witness's statement is consistent with the victim E's statement as well as the victim E.

However, F made a statement at an investigative agency that the defendant was unable to see his desire at first time, and reversed it and stated that the defendant expressed his desire to the victim as above, and if the first case was resolved smoothly, F did not see the defendant's desire.

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