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(영문) 인천지방법원 2020.10.23 2019노3271
폭행등
Text

The defendant's appeal is dismissed.

Reasons

The lower court convicted the Defendant of the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Defamation) due to the statement of false facts in the facts charged in the instant case, and convicted him of the remainder of the charges.

On the other hand, only the Defendant appealed the part of conviction, and all the Defendant and the prosecutor did not appeal the part of innocence. Therefore, the part of the judgment of the court below regarding the acquittal was separated and finalized as it is.

Therefore, the scope of this court's trial is limited to the remainder (the part which the original court found guilty of the defendant) except the above acquittal portion of the judgment below.

Summary of the grounds for appeal

A. In fact-finding ① The Defendant did not commit any assault against the victim as stated in the facts charged, and even so, he/she took place without intention to prevent the victim from committing assault against the Defendant.

(2) The publication of SNS by the Defendant on the victim is merely to ask the victim's or the Defendant's wrong opinion, and it is not to indicate the facts, but to have no purpose of slandering.

(3) When the victim driven a vehicle while driving the vehicle, thereby damaging the vehicle by means of defense, this constitutes self-defense, and the vehicle driven by the victim is not owned by the victim.

Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous in misconception of facts.

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

Judgment on misunderstanding of Facts

A. The following facts and circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion on the crime of assault, i.e., the victim, from an investigative agency to the lower court’s court, are acknowledged.

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