(영문) 대구지방법원 2018.11.22 2018노2290 | 리걸엔진

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Reasons

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(영문) 대구지방법원 2018.11.22 2018노2290

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not say that the Defendant was the victim as the victim’s Baduk.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts, and the defendant alleged to the same purport, and the court below found the defendant guilty of the facts charged in this case on the basis of the victim's statement, the labor supervisor F's statement, etc.

In light of the following circumstances acknowledged by the evidence duly admitted by the court below, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is no error of law by misunderstanding the facts.

Therefore, the defendant's assertion is without merit.

1) The victim consistently makes a statement from an investigative agency to the court of original trial regarding the fact that the victim made the statement that he/she was the victim’s hysar.

The Defendant, who appears to be a family member of E in an investigative agency, showed in CCTV images that contain goods in a household, or images that contain goods that are not calculated on a sealed part of a victim, etc. who is a friendly victim, etc., and made a speech at the police station investigating the instant case, such as “(E) family members are fake and dyke quality” at the police station investigating the instant case.

In light of the fact that the statement was made, it is difficult to view the victim's statement as false.

2) In the court of the court below, the Labor Supervisor F stated in the court of the court below that “the Defendant and the victim have expressed one another’s hives, and that “the words “the hives of each other’s hives,” and “the hives of each other’s hives,” and as alleged by the Defendant, the victim first told the Defendant that “the hives”

Even if the defendant made the victim’s words “dominary juvenile”, it does not affect the establishment of the offense of insult.

3) The Defendant first met with the victim on the date, time, and place stated in the facts charged.

유사 판례

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