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(영문) 대법원 2014.11.13 2014도11658

모욕

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below and the first instance court maintained by the court below, the court below is just in finding the defendant guilty of all the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by failing to exhaust all necessary deliberations but by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles on the offense of insult, or by violating

Meanwhile, the argument that the procedure of prosecution in this case is null and void in violation of the provisions of the law is not a legitimate ground for appeal since the defendant's ground for appeal did not state it as the ground for appeal or the court below did not state it as the subject of

Furthermore, even after examining ex officio records, there is no error of law as alleged in the ground of appeal in the judgment below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.