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(영문) 수원지방법원 2017.06.15 2016노8086
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant, at the time of the occurrence of the instant case, was unilaterally assaulted by C, a workplace partner, at the time of the occurrence of the instant case, and did not assault and insult C as stated in the instant facts charged.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding all the charges of this case guilty on the grounds of the statement, etc. of non-liability C and witness witnesses.

B. The sentence of the lower court, which sentenced to a fine of KRW 300,000,00, is too unreasonable.

2. Determination

A. The court below consistently stated that the defendant's assertion of mistake of facts can be acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim C had expressed from an investigative agency to the court of the court below that "it had expressed a humnasium to each other in the front of the defendant and the office where the defendant had not been able to take their hairs, salute and salute their clothes, and salute them at work," ② at the court of the court of the court below that "the defendant deemed that he was salute of the other party's hair, salut, G, H, I, and J at the scene at the time of the occurrence of the case," and G stated that "the defendant deemed the victim to take a humnasium and salute the victim at the time," and that "the witness's statement before and after the occurrence of the case was consistent with the witness's testimony before and after the occurrence of the case and the defendant's motive to be punished even if the victim's's were considered favorable.

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