(영문) 서울서부지방법원 2019.08.29 2019노140

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(영문) 서울서부지방법원 2019.08.29 2019노140

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant only made a statement to the effect that the Defendant suffered a large amount of pain by inter-floor noise generated by the victim C, and did not make the statement as stated in the facts charged in the instant case. 2) Even if the Defendant made a statement as stated in the instant facts charged, the Defendant’s statement does not have a public performance in considering the Defendant’s speech time, place, etc., when considering the Defendant’s speech.

3) Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of the offense of insult. B. The lower court’s sentence of unfair sentencing (a fine of KRW 700,000) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. First, considering whether the victim made the victim’s statement as stated in the facts charged of this case, the victim made a consistent and specific statement from the investigative agency to the court of the court below, and the witness D also expressed a desire to keep the victim up to the defendant as stated in the court of the court below’s judgment by referring that “at least there is a large amount of oral room,” and referring to the expression “at the court of the court below to keep the defendant up to the defendant.” Even if based on the video image (Evidence No. 12 of the evidence list) taken by the victim with cell phone, it is sufficiently recognized that the defendant insultingd the victim as described in the facts charged of this case, in full view of the following factors: (a) the defendant made a clear statement to the effect that he made the statement to the same effect as the facts charged of this case; and (b) even based on the video image taken by the victim with cell phone

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

B. Next, as to whether performance is recognized, performance in the offense of insult means a state in which many and unspecified persons can recognize it.

The court below is legitimate.

유사 판례

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-청주지방법원 2014.09.05 2014노285

-서울동부지방법원 2015.06.11 2015노301

-서울중앙지방법원 2020.02.13 2019노1959

-의정부지방법원 2019.05.17 2018노2508