(영문) 부산지방법원 2020.04.23 2019노3331 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.04.23 2019노3331

모욕등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding1) The defendant at the time of the first judgment of the lower court, however, considering that it was true that the defendant had expressed a little desire for the victim at the time of the trial, it does not constitute a justifiable act. 2) The victim of the second judgment of the lower court, who was first at the time of the time of the trial, was provokings to the defendant by provoking the trial cost, and there was a little conflict in the process of the defendant's defense. Thus, the defendant's act

B. The sentence imposed by the lower court (the first judgment: the fine of KRW 2 million, and the second judgment: the fine of KRW 1.5 million) is too unreasonable.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and this court decided to hold a joint hearing of the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

On the other hand, the defendant's assertion of misunderstanding of facts against the judgment of the court below is still subject to the judgment of the court, and this is examined by changing the claim.

3. Judgment on the assertion of mistake of facts

A. In the first instance court, the Defendant asserted the same purport as this part of the grounds for appeal, and the first instance court rejected the Defendant’s assertion and found the Defendant guilty of this part of the facts charged.

Examining the judgment of the court below closely by comparing it with the records, the judgment of the court of first instance which found the defendant's act not to constitute a justifiable act is just and acceptable, and the judgment of the court of first instance which found the defendant guilty of this part of the facts charged is erroneous.

유사 판례

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-광주지방법원 2020.08.25 2020노684

-광주고등법원 2020.09.10 2019노347

-대전지방법원 2020.01.23 2019노2353

-서울고등법원 2013.10.10 2013노2321