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(영문) 대전지방법원 2017.11.08 2017노1361
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the witness F, who made a statement consistent with the statement made by the victim D, was a dynamic fee that had been worked together with the victim and several years at the personnel team, and the witness G and E could not refuse the request for the preparation of a written statement by the victim who had been an employee of the personnel team because they had been leading to the renewal of the contract at the time, and thereafter, the victim’s “unclaimed” was merely an indication of the identification of the victim unfavorable to the victim due to the reversal of the above written statement, the lower court convicted the victim D of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the facts.

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

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same as the grounds for appeal.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the court below, the court below held that the defendant could recognize the fact that the defendant made the victim a speech, such as "D, snow flag, glag", etc.

In light of the above, the defendant was pronounced guilty.

① The witness E and G of the Do governor was prepared by the original investigative agency to the effect that the Defendant had expressed the above desire to the victim, but G was now in the court of the court below, and the Defendant was called “Y” and it was not memoryed by the Defendant.

A witness E was not able to hear any desire against a specific person because of the relationship with the victim.

The testimony was made that the above statement was submitted to an investigative agency due to the relationship between the victim and the victim.

Even if the testimony of each of the above witnesses is comprehensive, the defendant at the time.

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