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(영문) 대법원 2013.03.14 2012도11536

모욕등

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, the court below was just in finding the Defendant guilty of the facts charged on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence, by misapprehending the legal principles on the grounds for exclusion of illegality under Article 310 of the Criminal

Of the grounds of appeal, the Defendant’s insult to the victim H constitutes an act that does not contravene social norms shall not be deemed a legitimate ground of appeal, as alleged in the grounds of appeal by the lower court, or by its authority.

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