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The defendant's appeal is dismissed.
Reasons
Summary of Reasons for appeal
A. misunderstanding of facts and misapprehension of the legal doctrine) The victim’s accusation was not filed, even though the offense was an offense subject to victim’s complaint.
2) The victims’ statements are not reliable, and the Defendant did not insult the victims as stated in each of the facts charged in the instant case.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts and legal principles, a complaint filed in an offense subject to victim's complaint may be filed in a complaint subject to victim's complaint with the purport that the person who has the right to file a complaint did not have filed a complaint, not only in writing, but also in oral statement. However, the prosecutor or the judicial police officer who received an oral complaint prepared a protocol but also does not need to be an independent protocol. In a case where the investigative agency examines the person who has the right to file a complaint as a witness or a victim, the statement includes an expression of intent demanding punishment of the offender, and the complaint is lawful if the statement of intent is entered in the protocol (see, e.g., Supreme Court Decisions 85Do190, Mar. 12, 1985; 201Do4451, Jun. 24, 2011). While the court below asserted the same purport as the above grounds for appeal, the court below affirmed the judgment of the court below in light of the legal principles as seen above, the victim submitted a written statement to investigative agency.
Therefore, the defendant's above assertion is without merit.
2) As to the Defendant’s assertion that he did not insult the victims, the lower court also disputed the credibility of the victims’ statement, but the lower court acknowledged the credibility of the statement in light of the circumstances where the victims were faced with D at the time of examination of the victims, etc., and based on the evidence in its judgment, the Defendant’s assertion is assessed.