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(영문) 부산지방법원 2015.10.23 2015노1473
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not contain any assault against the victim by taking the victim’s desire as stated in the facts constituting the crime in the judgment below.

2. The following facts are acknowledged according to the evidence duly admitted by the court below.

① The victim reported 112s immediately after the instant crime, and was present at the police on the day of the instant case, and specifically stated the facts of damage, circumstances after the instant crime.

② The victim appeared as a witness in the court of original instance and made a statement to the same effect as the statement in the police.

③ At the time of committing the instant crime, witness G, who was at the scene, made a statement consistent with the victim’s statement from the police to the court of the court below, and witness J stated that the police had expressed that the Defendant took a bath for the victim.

(2) In light of the above facts, the court below’s decision that found the Defendant guilty of the facts charged of this case is sufficiently acceptable, and the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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