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(영문) 서울북부지방법원 2013.11.29 2013노1188
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s insult of the victim E did not have made the same statement as indicated in the facts charged, and there was no person in the surrounding area, and thus, there is no performance.

B. The Defendant did not have made a statement identical to the entries in the facts charged, as to the insult of the victim D.

2. Determination

A. In full view of the following circumstances, i.e., the victim’s insult of the victim E, and the evidence duly admitted and investigated by the court below, i.e., the victim consistently stated at the time of the instant case from the investigative agency to the court of the court below to the court of the court below, and ii) the victim’s statement is highly likely to have made the victim’s statement to other people than the victim in light of the time and place in which the instant case occurred, it can be recognized that the Defendant publicly insulting the victim. Accordingly, this part of the Defendant’s assertion is without merit

B. In full view of the following circumstances that can be recognized by the evidence duly admitted and investigated by the lower court, i.e., ① the victim stated consistently from the investigative agency to the court of the lower court that the Defendant made the same statement as the facts charged at the time of the instant case; ② the J at the time of the instant case did not hear the content thereof in the court of the lower court, but did not appear to have the victim’s voice; and immediately after the instant case, the victim called another person to the victim and asked the victim to make the statement that the Defendant made the victim’s humiliation, the Defendant could be recognized, and thus, this part of the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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