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(영문) 부산지방법원 2014.10.08 2014노2668
모욕
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the court below found the defendant guilty of the facts charged in this case by the statement of the victim and witness in the summary of the grounds for appeal, the court below erred in the misapprehension of legal principles since it judged the defendant not guilty.

2. The court below held that the statements of the victim, E, and G, who correspond to the facts charged in the instant case, are insufficient to recognize the facts charged, taking into account the following: (a) the victim, the victim’s wife, E, etc. who was opposed to the rebuilding problem in the apartment at the time, and the victim’s wife, and the victim’s wife and E, etc. were faced with a passive position; (b) the victim was unable to take any particular response; (c) the video taken by E does not have a face or sound recording of the defendant’s desire; (d) the location is unclear; and (e) the victim’s statement is not clear; and (e) the victim raised the complaint of this case after being investigated by the police after being investigated by the defendant for the crime of insult from the defendant. In light of the records, the court below’s aforementioned judgment is acceptable, and thus, the prosecutor’s assertion is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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