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(영문) 울산지방법원 2017.08.10 2017노287
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles, the Defendant did not want the victim as stated in the facts charged in the instant case. However, the victim and E’s statement that corresponds to the facts charged in the instant case does not coincide with each other with the location of the victim and E, and the Defendant did not hear the victim’s abusive opinion, and the lower court erred by misapprehending the legal principles, thereby finding the Defendant guilty of the instant facts charged.

B. Even if the defendant was guilty of an unfair sentencing, the sentence (700,000 won) imposed by the court below is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the assertion of misunderstanding of facts and legal principles, the court below was just in finding the Defendant guilty of the facts charged in this case on the following grounds (the facts and circumstances are acknowledged by the evidence adopted by the court below) and there were no errors of misunderstanding of facts and misapprehension of legal principles.

1) In a case where the statements of the witnesses, including the victim, are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there is any separate and reliable evidence to deem that they are objectively reliable from an objective perspective (see, e.g., Supreme Court Decision 2010Do7403, Sept. 9, 2010). The victim and the witness were on the spot at the time of the instant case.

E does not find any circumstances to suspect the credibility of the statements, such as where there is a disagreement between the statements, or there is an objective difference between the objective facts in the contents of the statements, which are consistent with the facts charged in the instant case, generally in the investigative agency and the court (the defendant's defense counsel).

One of the arguments is the victim.

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