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(영문) 서울서부지방법원 2016.06.30 2016노133
모욕
Text

All appeals by the Defendants are dismissed.

Reasons

1. Determination as to the Defendants’ assertion of mistake of facts

A. Although the Defendants did not wish to the victim, the lower court found the Defendants guilty of the facts charged, the lower court erred by misapprehending the legal doctrine.

B. In full view of the following circumstances acknowledged by the court of the lower judgment based on the evidence duly admitted and examined by the court below, the Defendants’ desire to the victim as stated in the facts constituting the crime in the judgment below and the victim was publicly insulting.

Therefore, the Defendants’ assertion of factual mistake is rejected.

0 The victims have made a very detailed and mutually detailed statement from the investigative agency to the court of the court below about the defendants' actions, the details of the damage, and the situation before and after the crime, and the explanation of the situation is reasonable.

H H H H H H H H H police station, which had been observed at the time of 0, also viewed the Defendants’ desire for the victim, and requested the police officer to provide support at the victim’s request.

statement is consistent with the statement of the victim.

0 Unlike 0, the victim and witness are making a false statement in order to identify the Defendants.

8.6.6.66.

2. Determination as to the Defendants’ assertion of unfair sentencing

A. Improper argument of sentencing is unfair because the sentence imposed by the lower court (a fine of KRW 700,000) is too unreasonable.

B. In light of the following circumstances, in full view of the Defendants’ age, career, developments leading to the commission of the crime, method of punishment, records of punishment, and all other matters pertaining to the sentencing as indicated in the instant records and theories of change, the lower court’s sentence imposed on the Defendants does not seem to be unfair, and thus, it does not accept the Defendants’ unfair assertion of sentencing.

0 Defendants do not seem to have a strong attitude of self-refluence by continuously denying the crime until the victim is insulting and is in mind.

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