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(영문) 부산지방법원 2020.10.16 2019노2663
모욕등
Text

[Defendant A] The part of the judgment of the court of first instance against Defendant A and the judgment of the court of second instance are reversed.

Defendant

A.

Reasons

Summary of Grounds for Appeal

A. Defendant A1) misunderstanding of facts as stated in each of the facts charged in the instant case, the Defendant did not insult the victim C and K by taking a bath, or assault the victim F’s eye by a knife. 2) Each punishment sentenced by the lower court of unfair sentencing (Article 1: a fine of KRW 1 million, and a fine of KRW 1 million: a fine of KRW 200,000) is too unreasonable.

B. The defendant Co-defendant A was the joint defendant, and there was no desire for the victim C.

2. Judgment on Defendant A’s assertion

A. Ex officio determination (as to the part against Defendant A and the part against the judgment of the court of first instance on the grounds of appeal by Defendant A), prior to the judgment on the grounds of appeal by Defendant A, the arguments have been combined in the trial in the first instance by filing an appeal against the judgment of the court below. Among the judgment of the court of first instance, the part against Defendant A among the judgment of the court of first instance and each of the crimes in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part against Defendant A and the judgment of the court of second instance which separately sentenced each

However, the defendant A's assertion of misunderstanding of facts as to this part of the facts charged is still subject to the judgment of the court, despite the reason for ex officio destruction as seen above.

B. The Defendant A and this paragraph are only referred to as the “Defendant”.

1) When considering the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of the substantial direct and psychological principle adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the credibility of the statement made by the witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

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