(영문) 수원지방법원 2017.07.14 2016노9204 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.07.14 2016노9204

모욕등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the public prosecution as to the insult of the facts charged against the Defendant, and convicted the Defendant of assault.

However, since an appeal against the insult that the court below rendered dismissal by filing an appeal against the part of conviction, it becomes final and conclusive after the appeal is not filed, only the remainder of the conviction except the part of dismissal of public prosecution among the judgment below is subject to the judgment of this court.

2. Reasons for appeal;

A. The defendant was not guilty of assaulting the victim.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

3. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts, i.e., the victim’s cell phone recording from the investigative agency to the court of the lower court consistently in the process of recording the Defendant’s desire to take the victim’s leakage from the Defendant into a cell phone.

A statement is made; ② The victim appears to have stated the facts of damage in the investigative agency immediately after the case. ② The victim appears to have stated the victim's statement in the above statement, ② The victim stated the victim's statement in the 12 pages of the evidence record as "the 12th of August 26, 2016" but the 13th page investigative process confirmation was stated as "the 28th of May 2016", and the report of the occurrence of the victim on May 28, 2016 (Assault, etc.) also appears to have been written as "the 2016 August 26, 2016" as stated in the above statement, in view of the fact that the victim's statement was written as "the 12th page of the evidence record," the victim's statement in the 12th page of the evidence record, ③ the victim's statement at the time was clearly confirmed

(4) The defendant and the witness N of the court below stated that if the damaged person is "the defendant," he must do so.

유사 판례

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