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(영문) 서울동부지방법원 2015.02.05 2014노1282
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have made an insulting statement to the victim, and the witness J of the lower court also made a statement consistent with the Defendant’s defense. However, the lower court erred by misapprehending the facts by taking the statement of C and D without credibility, thereby adversely affecting the conclusion of the judgment.

2. According to the evidence duly admitted and investigated by the court below, it can be acknowledged that the defendant, who made a statement to insult the victim, was L, which was the omission of J, and the J stated that he was unable to hear the defendant's statement as to the facts charged of this case after around 21:20 between the above head office of Gangdong-gu Seoul, Gangdong-gu, Seoul, where the defendant made a statement to insult the victim, and that C and D merely knew about the lease of the building with the defendant or the victim, and even though there was no other personal relationship, the defendant stated that he made all or part of the statement as to the facts charged of this case.

As above, it cannot be said that C and D’s statement is not reliable merely because J did not hear the statements such as the statement in the facts charged of this case at the latest later. It is justified that the court below rendered a guilty verdict on the facts charged of this case in reliance on the above witness’s statement, and it cannot be said that there was an error of misconception of facts as alleged by the defendant, which affected the conclusion of the judgment.

The defendant's assertion of mistake is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition

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