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(영문) 수원지방법원 2017.11.17 2017노4661
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) misunderstanding of the facts and misapprehension of the legal principles, ① the Defendant was insulting the victim at the time of the instant case, and did not have expressed the victim’s desire as stated in the facts charged in the instant case.

(2) Even if the Defendant had expressed the victim’s desire as stated in the facts charged of the instant case,

Even if there was no one person who observed the instant case at the time, public performance cannot be recognized.

2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 300,00) is too unreasonable.

2. 1) Determination on the assertion that there was no misunderstanding of facts and misapprehension of the legal doctrine, the Defendant made the same assertion in the lower court.

In full view of the evidence duly admitted and examined, the court below found that the defendant could have acknowledged the fact that the defendant took a bath to the victim as stated in the facts charged of this case.

The decision was determined.

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s aforementioned determination is justifiable.

(1) When the victim consistently asked the defendant at the time of the instant case with the investigative agency and the lower court, the victim: (a) the defendant askeds the defendant to leave the string of the vehicle; (b) and (c) the defendant died of the string and the string.

” 등의 욕설을 하였고, 자신과 동승하고 있던 아내 D에게도 “ 씨 팔 년.” 이라고 욕설을 하였으며, 창문을 내리고 가운데 손가락을 세우고 혓바닥을 내밀어 순간 화가 나 차에서 내려 피고인에게 욕설을 한 사실이 있다고

The statement was made (see, e.g., 5 to 7, 46 to 47 investigation records, and 51 to 52 trial records). ② D also consistently asked the Defendant at the time of the instant case with the investigative agency and the lower court for the withdrawal of the set of vehicles, and the Defendant “Is the victim?”

“Cals,” etc. with “Cals,” and the Defendant “only and need to do so.”

n.e., “”.

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