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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2017.08.22 2016노4870
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the insult of facts, the fact that the Defendant stated that “I am h. B and I am h. B before the victim’s house,” was “I am h. B and I am h. B,” is not a fact that I am the same as the facts charged.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant could recognize the fact of insulting the victim by openly taking the same bath as the facts charged. Therefore, the Defendant’s assertion of mistake of facts is without merit.

(1) The victim stated that the defendant took the same bath as the stated in the facts charged before the victim's house.

The statements are consistently made.

2. The defendant took the same bath for the apartment security guards of the victim who was patroled at the time and the victim's next house.

statement is made.

(3) The recording record in which the defendant recorded the victim's words before the victim's house also conforms to the victim's statement.

3. The fact that the Defendant committed the instant crime against the Defendant’s husband and the victim by committing an unlawful act is the primary cause for the failure of the marriage of the Defendant, which led to the failure of the marriage of the Defendant, is considered in light of the circumstances leading up to the crime.

However, considering such circumstances, the lower court’s punishment is reasonable within the scope of discretion, in full view of all the various circumstances, including the Defendant’s age, sex, environment, circumstances surrounding the crime, circumstances after the crime, and sentencing of similar cases, including the content and frequency of the text message sent by the Defendant to the victim, and the circumstances where many people were abused the victim by openly insulting the victim before the victim’s residence, etc.

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