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(영문) 수원지방법원 2014.05.29 2013노6334
모욕
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

As to the insult on May 31, 2012, the judgment of the court below that recognized the offense of insult on this part is erroneous in the misunderstanding of facts, since there was no fact that the defendant intended the victim E on May 31, 2012.

The lower court’s sentence of unfair sentencing (fine 2 million won) is unlimited and unfair.

Judgment

Considering the following circumstances acknowledged by the evidence duly adopted and investigated in the original judgment as to the assertion of mistake of facts, namely, the fact that the victim stated that the victim had expressed his/her desire to do so to the victim as stated in the facts constituting the crime shown in the original judgment consistently, and that the statement of the witness L, M, N, andO in the original judgment conforms to this, the fact that the defendant insultingd the victim can be sufficiently recognized as stated

Contrary to this, the statement of Qu or R by the lower court is difficult to be reliable, and other evidence submitted by the Defendant alone does not interfere with the recognition of the above criminal facts.

Therefore, the defendant's above assertion is without merit.

The crime of this case on the assertion of unfair sentencing concerns the defendant's complaint as to the issue of election of the president of the association in relation to the rebuilding promotion, and the offense of insulting the victim seven times from January 2012 to June 2012 is not good, and the defendant's age, character and conduct, family environment, etc. are not agreed with the victim, and other sentencing conditions specified in the argument of this case, including the defendant's age, character and conduct, and family environment, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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