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(영문) 부산지방법원 2017.11.24 2017노3001

모욕

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: although the Defendant had no insultd the victim, the lower court found the Defendant guilty of the facts charged in this case; thus, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The court below rejected the above argument by stating in detail the defendant's assertion and its judgment under the title "the judgment on the defendant's assertion" in the judgment of the court below on the same ground as the ground for appeal of this case. If we look at the above judgment of the court below in detail with the record and comparison, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant and affected the conclusion

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. However, since it is apparent that the application of the law in the judgment of the court below was omitted by this mistake after the “Article 70 of the Criminal Act” after the “Article 70 of the Criminal Act” of the detention in the workhouse, it is corrected to add this ex officio in accordance with Article 25(1)