(영문) 대구지방법원 2020.06.23 2019노1540 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.06.23 2019노1540

모욕

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant is the victim D (hereinafter referred to as “victim”) for a mistake of facts (as to the part of the crime).

The judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts, and there is an error of law in misunderstanding of facts or misunderstanding of legal principles (as to the part of the charge), E's statutory statement in the court below is likely to be inconsistent with the victim's statement and not to make unfavorable statements to the victim. In light of the victim's partial statement in the court below, the victim's statement in the court below, the letter in May 22, 2017, and the victim's position as the victim's chairperson at the time, the victim's statement in May 31, 2017 (Evidence No. 17 No. 37, the evidence list; hereinafter referred to as the "second letter") was known to the defendant prior to the end of August 2017, and thus, it shall be deemed that the victim was dismissed after the period for filing a complaint against insult of May 31, 2017.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts or misapprehension of legal principles.

3) The lower court’s sentence of unreasonable sentencing is too unreasonable and unfair. (b) The prosecutor (with respect to the part of dismissal of prosecution by mistake or misapprehension of legal principles) is “the first letter” of May 11, 2017 when the victim uses letter on May 22, 2017 (Evidence No. 16 No. 5, hereinafter referred to as “the first letter”).

The victim confirmed whether the “public performance”, which is one of the constituent elements of the crime of insult, was satisfied at the end of December 2017. Thus, the starting point of the filing period should be the end of December 2017.

Nevertheless, on May 11, 2017, the starting point of the period of filing a complaint against insult shall be May 22, 2017, and the judgment of the court below which dismissed the public prosecution on the ground that the period of filing a complaint has elapsed.

유사 판례

-부산고등법원 2015.05.07 2015노130

-부산고등법원 2019.10.10 2019노349

-대전지방법원 2014.04.24 2013노2667

-서울동부지방법원 2013.12.19 2013노1010

-의정부지방법원 2019.05.31 2018노1712