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(영문) 대법원 2015.05.29 2014도15535

모욕등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to the Defendant’s grounds of appeal, the Defendant asserted only unfair sentencing on the grounds of appeal as to insult while appealed from the judgment of the court of first instance. In such a case, the allegation that the lower court erred by misapprehending the legal principles as to a legitimate act or insult does not constitute a legitimate ground of appeal.

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the record, the lower court is justifiable to reverse the first instance judgment and rendered a not guilty verdict on the ground that there is no evidence of crime regarding larceny among the instant facts charged (excluding the part of charge), on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules

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