모욕
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) stated that the Defendant was merely trying to bar the victim from taking a fluorial attitude at the time of the instant case, and that “I am knife knife knife knife knife knife knife knife knife knife knife knife knife,” but there was no intention to insult the victim. The place of the instant crime did not meet the requirements of public performance since the Defendant’s office did not directly recognize the victim. Thus, the Defendant’s insult is not established.
2. Determination
A. Although the Defendant asserted the same purport in the lower court’s judgment, the lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence duly adopted and examined, and rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part of “decision on the Defendant and his defense counsel’s assertion.”
Examining the above fact-finding and judgment of the court below after comparing them with the records, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law that affected the conclusion of the judgment due to mistake of facts
B. As to the ex officio determination of the sentencing of the Defendant’s ex officio, the sentence of the lower court is too unreasonable, considering the following factors: (a) the Defendant was the first offender without criminal punishment; (b) the Defendant was the person having rendered distinguished service in the sixth and twenty-five years; and (c) the instant case was derived from an exceptional attitude of the victim; and (d) the circumstance appears to be somewhat reasonable in light of the circumstances of various sentencing indicated in the record, such as the Defendant’s age, character, conduct, and environment.
3. In conclusion, the judgment of the court below is based on the ground of ex officio reversal, such as Article 364 of the Criminal Procedure Act.