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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2018.12.13 2017노2486
모욕등
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. The gist of the grounds for appeal (misunderstanding of facts) stated that “the reduction of a fine” is stipulated in the “written application against the written application against the Defendant” on December 6, 2018 by the Defendant on the ground of appeal. However, such an unfair application for sentencing cannot be a legitimate ground for appeal as it was raised only after the lapse of the period for submitting the written application for appeal and the closure of the pleadings. Therefore, the judgment is not rendered.

Since there was no insult, assault, or damage to property owned by the victim, the judgment of the court below which found the Defendant guilty of all the facts charged of this case is erroneous in the misapprehension of facts.

2. As can be seen by the evidence duly adopted and examined by the court below, the victim stated that "the defendant took a bath and assault against himself, and damaged the door, etc." as stated in the facts constituting the crime in the judgment below, as consistent and specifically stated in the police and the prosecution. There is no reason to suspect the credibility of the statement.

With respect to insult, the statement of the victim is supported by the investigation report to the effect that the police officer continues to restrain the defendant's desire for the victim even after the dispatch of the police officer, and the victim's statement is supported by the photographs attached to the victim's additional written accusation in relation to damage to property and by the replacement receipt such as keys to the prosecution by the defendant.

In the lower court, the Defendant did not dispute to the effect that all of the facts charged of the instant case was admitted to the lower court, and there is no reasonable ground for the Defendant’s dispute to the effect that all of them were denied.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. In accordance with Articles 191 (1), 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act, the court below and the court below's appeal are generated.

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