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(영문) 부산지방법원 2013.05.16 2012노3910
모욕
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The judgment of the court below that found the Defendant guilty of the facts charged is erroneous in the misapprehension of legal principles, in the absence of the fact that the Defendant merely saw the documents cited by the victim as a net fishing and did not inflict an injury upon the victim by taking the victim's hand in the process.

B. Even if not, the sentencing of the lower court (the fine of KRW 500,000) is too unreasonable.

Judgment

A. The following circumstances, which can be recognized by the court below and the court below's decision on the assertion of mistake of facts, are ① the victim stated that he had consistently attached the victim's left hand to the investigation agency to the court below's ruling and had the document cut off; ② the witness G consistently stated that the defendant had taken the victim's hand in the process of taking the documents from the victim's hand, corresponds to the victim's statement and the process; ③ the victim visited the hospital following the day of this case and took medical treatment; ③ the victim was diagnosed with a little left hand, and was in an interview and a check with the victim's hand, so it conforms to the victim's statement and investigation report to the effect that "the victim diagnosed with the front hand and the check with the victim's hand," while the defendant at the investigation agency, F, the victim and the victim have consistently made a statement that "the defendant did not have taken the victim's hand over the victim's hand" and "the defendant did not have taken the defendant's hand over the documents to the victim's left hand, but did not have taken the defendant's hand back the documents."

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