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(영문) 대전지방법원 2019.05.02 2018노2224
모욕등
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal: mistake of facts and unreasonable sentencing;

A. The summary of the assertion of mistake of facts 1) As to the insult of the facts charged in the instant case, the Defendant provided consultation with the victim, who is an English teacher, with respect to the issue of English English test with a senior student’s father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son was not finished.

The statements of victims are doubtful due to lack of consistency.

B. The decision of the court below on the summary of the allegation of unfair sentencing (hereinafter referred to as a fine of KRW 4,00,000) is too unreasonable.

2. Determination

A. 1) Determination of the Defendant’s assertion of misunderstanding the facts in the instant facts charged in full view of all the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant may be found to have insulting the victim. Therefore, the lower court’s determination on this part is justifiable, and there is no error of misunderstanding the facts as alleged by the Defendant. 2) In full view of all the circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to each of the facts charged in the instant case, the lower court’s determination on the facts of assault among the facts charged in the instant case, and the evidence duly admitted and investigated by the lower court.

Therefore, this part of the judgment of the court below is just, and there is no error of law as alleged by the defendant.

B. The sentencing on the Defendant’s assertion of unfair sentencing is based on the statutory penalty, and the sentencing conditions under Article 51 of the Criminal Act are equally attached.

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