logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.09.04 2014노1054
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that "the defendant does not mention the victim as stated in the facts charged. Nevertheless, the judgment of the court below which recognized the defendant's liability for the crime of insult is erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment."

B. The Defendant asserts that the sentence imposed by the lower court (a fine of KRW 700,00) is too unreasonable.

2. Determination

A. 1) Considering the difference between the first instance court and the appellate court’s method of assessing the credibility of a witness’s statement in light of the spirit of the principle of substantial direct examination adopted by the Criminal Procedure Act, the appellate court should not reverse without permission the first instance court’s determination on the ground that the first instance court’s determination on the credibility of a witness’s statement was clearly erroneous in light of the content of the first instance court’s judgment and the evidence duly examined by the first instance court, or that it is clearly unreasonable to maintain the first instance court’s determination on the credibility of a witness’s statement in light of the results of the first instance’s examination and the results of additional evidence examination conducted until the closing of argument in the appellate court (see, e.g., Seoul High Court Decisions 208Do449, Jul. 29, 2010; 2015Do53131, Jun. 14, 2012).

arrow