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(영문) 서울남부지방법원 2017.07.13 2017노356
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts or misapprehending the legal doctrine, first of all, deemed the victim to be “the same bitch son” against the victim.

In addition, there is no fact that the defendant stated that the victim “the victim’s friend is against the victim’s friend.”

B. Sentencing is unfair because it is too unreasonable that the sentence imposed by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the part 1 of the allegation of misunderstanding of the facts or misapprehension of the legal doctrine is sufficiently recognized as a public insult of the victim.

There is no error of misapprehension of the legal principles or mistake of the facts pointed out by the defendant.

The victims consistently stated in the police and the court of the original instance as follows:

- Around 22:00 on May 12, 2016, the victim was sitting at the vehicle in front of the D convenience store located around the Seoul Yangcheon-gu Seoul Metropolitan City Park, with the vehicle set off. However, the defendant was cut to himself, and the defendant took a photograph of the vehicle he was on board with the handphone of the defendant.

Therefore, during this process, the Defendant expressed the victim’s bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bit.”

- At the time when the defendant took a bath for the victim, there were two riders around them, and there was a female-gu and convenience store employed by the victim.

The Defendant, at the police station, expressed the Defendant’s desire to do so, “I am against the Defendant’s friend”

“A person who has expressed his/her desire, such as “an open gue”

was stated.

2) The Defendant was a speech to prevent the victim’s desire to take the victim’s desire against his will and to prevent the fighting from spreading into fighting.

The argument is asserted.

However, such circumstance does not affect the establishment of the offense of insult, and in light of the aforementioned judgment, the Defendant’s act of taking a bath as above.

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