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(영문) 서울동부지방법원 2015.01.30 2014노1448
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the Reasons for Appeal: (a) the Defendant visited the instant pharmacy to change the number of gas activation; (b) at the time, a pharmacy employee wanted to close the door of the instant pharmacy; (c) thereafter, several persons, including the above employees’ husband, committed abusive and assault around the Defendant; (d) the Defendant, who was unable to maintain health due to the usual depression and the two copies, only taken the cell phone in order to secure evidence in a somewhat interested state; and (c) did not take a bath against the police officer.

In addition, the defendant frequently observed that an employee other than a pharmacist manufactures and sells drugs at the same pharmacy, and the above employee, etc. caused a threat to the defendant for such reason.

Inasmuch as the Defendant had expressed interest, the lower court erred by misapprehending the legal doctrine regarding the offense of insult and by misunderstanding the fact, thereby having convicted the Defendant.

2. The judgment of the court below is based on the evidence duly adopted and examined and the following facts or circumstances that can be recognized by the evidence, namely, ① the Defendant interfered with the employees who completed the pharmacy business of this case and the staff who want to close the door on December 27, 2013; ② the police officer who received a report after the receipt of the report, separated the Defendant and the other party at the scene of the call and took the same bath as the facts charged in the instant case, ③ the police officer consistently testified from the investigative agency to the court of the court of the court of the court below to the same effect as the instant case, ④ the police officer who was called upon the receipt of the report at the scene, separated the Defendant and the other party at the scene of the dispute, and asked the Defendant about how to confirm the reported contents, ③ the above police officer consistently testified with the contents consistent with the facts charged in the instant case from the investigation agency to the court of the court of the court of the court below, and ④

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